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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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hi, i am currently attending the family court and am just wondering

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hi, i am currently attending the family court and am just wondering what your view is:

my little boy is 3 and a half years old, with a complex heart condition. He is due surgery sometime this year. He is on medication,regularly gets tires easily,breathless and goes blue also. My little boy will eventually need a transplant later on in life. I do not work as i am his carerm,as well as his mother. He attends Pre-school and will be starting nursery this year also. It is only him and i that live together.

His dad and i split nearly 2 years ago,and we lost our house because he left. One year later his girlfriend give birth to there child,She also had a 10 year old to another partner. So that is a full house.

I give his dad a wednesday 1 to 6, thursday 1pm until 9am (when he leaves him off to school) he also has visation over weekend for a few hours.

His dad is a barman and says he is unavailable to have any over nights at the weekend, but wants joint shared custody tuesday 5pm right through until friday.

What do you think his changes are giving the circumstances?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How well does he manage the care of the child when he does have them?
Customer: replied 3 years ago.

Hi, he was a;ways quiet dismissive as regards XXXXX XXXXX excertion capabilities,he would push him at times and the child does come home tired. He also is on inhalers,but he has informed me that he does not give him them as he said he does not need them,he does not follow doctors orders. he is a good dad,and loves his son,but from a care point i have and always have been his,i syringe his neds and send them to his dad,i order his meds,i sort out his apptointments and any medical stuff.

In that case there is little chance of his getting the shared care arrangement that he is asking for as it is about what your child needs - not what his parents want
If he is not able to meet the complex needs of the child then it is likely that the current arrangements will continue
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you,clare do courts not take in to consideration the fact that his dad also wants mid week contact only? His dad seems to think that this would have no effect on the childs routine,surely courts can see this is not the case?

I am afraid that the courts will not see this as a major problem since there is no reason why contact should take place only at weekends
Customer: replied 3 years ago.

He says he is unavailable to take him weekend s (nights). Also the courts have asked for a medical report. My concerns are not only routine or care but the fact that my little boy is septiple to infectoins and has a low thresehold of hospital addmissions were as he had another two children in the house,and also he will be going for open heart surgery. I have and never stopped him from seeing our child,but to want him 3 nights/days is too much.

Do you not wish the current arrangements to continue?
Customer: replied 3 years ago.

i do yes, i feel its for the best interests of our child, i am just afraid that courts will see different.

Have you considered just offering the Wednesday night as well - just joining up the contact he has at the moment?