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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I have been divorced for 2 years, we have an informal

Customer Question

My wife and I have been divorced for 2 years, we have an informal contact agreement for our 3 children which equates to an almost 50/50 split. There is though no flexibility in this, and having just been away for 2 weeks during which my x had the kids, she is now away this week and has asked her mother to look after the kids the days she should have had them. I happen to be in a situation this week where I could have them all week and would love to, she is refusing this offer, am I in my rights to contact her mother and let her know I will be collecting the kids from school and looking after them whilst she is away? Thank you, David
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old are the children and how do they actually share their time between you
Are you willing to provoke a court case at this time?
Customer: replied 4 years ago.

Hi Clare, the children are 5, 9 and 13. I'm not keen to provoke a court case, but after 2 years of being dictated to I feel need to make a stand for whats right for both me and the kids. David

Expert:  Clare replied 4 years ago.
Is your ex out of the country?
How do the children share their time between you?
Customer: replied 4 years ago.

Hi Claire, yes she is in Bahrain for the week, I have them every Monday, every other Thursday and alternate weekends, which bar a couple of days a month is 50/50. David

Expert:  Clare replied 4 years ago.
You are the only person in the country who has Parental Responsibility for the children and accordingly if you refuse to allow the grandmother to collect them from school and instead take over their care then there is no one who can stop this
Of course once your ex is back you may then face difficulties in ongoing contact which could well lead to a court hearing.
Whilst the principle you are arguing is likely to be seen as reasonable - a court may well feel that your way of dealing with the issue did not prioritise the needs of the children
It could be said that it would be more appropriate to wait for your ex to get back and then to arrange Family Mediation to discuss future arrangements - and then to make an application for a shared Residence Order if the Mediation fails
I hope that this is of assistance - please ask if you need further details