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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My Parner and I have split up due to constant accusations of

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My Parner and I have split up due to constant accusations of drug use regardless of providing drug tests and going to the doctors with me, still the acusations continued, if I had sore eyes, went to bed early and so on. We now live seperatly and I see my boy for an hour on tuesday and thurday before I go to work. I have james all day Saturday and have built up the courage to ask if I could have him over night on Saturday, I have no criminal record work 3 jobs and know exactly what to do in order to take care of my boy, I fed dressed and changed his clothes, I do my best to minimise harm when he plays but allow a level of healthy risk taking, in a nut shell I am a grate dad and he loves me very much. My question is can she prevent it and if so what can I do my boy James is 2


My name is XXXXX XXXXX I can help with your question.

Ultimately, you can make an application to the Court for James to spend more time with you, building up to overnight contact. If you and James have a good relationship, and there are no special reasons why not, then the Court is likely to consider that this will be in James best interests. However, making such an application would of course be likely to cause the mother to feel hostile and she may act unhelpfully at least in the short term.

It is a good idea, before making such an application, to try to resolve it without needing that step. For example, you could try agreeing with her in the short term that you will build up from one hour each time to two, then three then a whole afternoon/evening (or whatever increase might work for you). When you have successfully had that in place for a while, then you could see how she then felt about more. You might even suggest mediation, so that there was a third party to help you talk to her about it.

Overall, you are going to need to be patient. But if you continue to have a good relationship with James, then ultimately I would expect you to be patient, but it could take a long time.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

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