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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex currently allows me to have my children on a Sunday

Resolved Question:

My ex currently allows me to have my children on a Sunday for 7 hours unless she changes her mind, I am allowed to go to her house and see them on a Saturday. She will only let me do this if I am round her house Saturday and Sunday at 7am and leave around 9:30pm when they are asleep (I take them back on Sunday and help get them to sleep) she will not let me look after them overnight nor will she let me take them out on Saturday. I have always paid her csa and given her additional money when I am am with the children. At the moment I am completely at her mercy, if I do something she does not like she will change her mind and not let me round on Saturday and will say I can see them Sunday but not take them out for the day. I have asked many times if I can look after them overnight she will only let this happen if she is going out for the evening and then I can only look after them at her house. Do I have any rights to have my children over night? and do I have rights to have set times I get to see them?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thabk you for your question. How old are the children and are there any court orders in place, if so what?

Customer: replied 1 year ago.
None in place, 2 1/2 and 9 months
Expert:  Harris replied 1 year ago.

Thanks for confirming. The children have a right to a continued relationship with you and unless there are child protection concerns, she cannot restrict contact and this must be at a reasonable frequency and duration, including overnight contact, however, it is usually best to have these in the interests of the children and around their routines.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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