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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am divorced and have shared custody with my ex-husband, we

Customer Question

I am divorced and have shared custody with my ex-husband, we have agreed to contact via a solicitors letter, which states the children (7 & 11) stay overnight on Wednesdays and every other weekend. I am just about to remarry and have booked a long weekend as the honeymoon. This has been booked on a weekend when he would be having the children. We had arranged for the children to be with their Grandparents on the Monday & Tuesday after his weekend when they would normally be with us. He has said it's his legal right to have the children and will be collecting them from school on the Monday and Tuesday. The children would prefer to stay with their Grandparents, is it his legal right or as they should have been with us can we decide who should look after them?
Thanks in advance.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Apart from their wishes is there any reason why they shoudl NOT spend the time with their father?
Customer: replied 3 years ago.

No but it is the children's wishes to spend the time they would have had with me with their grandparents. Unfortunately it was a bitter divorce and the children's father has control issues. As he says it's his legal right to have the children when they're not with me, I would like to know if this is correct please?


Thank you.

Expert:  Clare replied 3 years ago.
For clarity - you have not actually obtained a Court Order stating that the children live with you?