How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My partner and I split up 6 months ago and I have been having

This answer was rated:

My partner and I split up 6 months ago and I have been having my son now 2 to stay at my house most weekends. She has now moved over 200 miles away, only giving me 1 weeks notice. She left last weekend. I am off work for a full week next week and asked could I have my son for the week and also take him on holiday for a week in October. She has refused, saying she does not want him away for that long as she wants him to settle in.
Usually I only have weekends off work as weekdays I work abroad. What rights do I have as his dad. I am named on his birth certificate.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the exact pattern of contact prior to the move?
Why has she moved?
What is the maximum number of nights that you have had your son overnight
Customer: replied 3 years ago.
I have been having my son each weekend for 1 or 2 nights usually depending on how long my ex will allow me to have him, as she works during the week finishing at 4.30pm. She says she doesn't get to see him much. 3 nights is the longest she has allowed me to have him, which was the weekend before last. The same weekend she told me she was moving 200 miles away.
The exact reason for her move, not too sure. She was working in admin in a nursing home, the money was not good, but with benefits and maintenance money from me and money from her ex husband for her daughter. It was probably not too bad. But she was never good with money. Before this she was manager of a pub, she likes pub work, no problems, no bills to pay. As far as I know she has taken a job in a pub not sure if she is back n management yet. She did say she would only be working 55 hours a week. Also not sure if she is staying with her mother.
We don't have conversations, i have tried but all I get is voice mail, I leave a message and she answers with a text message.
What contact would you want if she stays there?
Customer: replied 3 years ago.
I would like to be able to take my son on holiday either in UK or abroad. I would like to keep weekend contact where my job permits 2 nights per weekend. If I can't collect him, for 6 months of the year my parents are available to either collect him or drop him off, if my ex promises (as she has said) to meet me half way with the driving. I find this difficult to believe of her as she will probably have to work weekends in a pub. I did say to her that we needed something more formal over contact arrangements but she said she was not happy with a formal arrangement as things change.
Do you wish to do anything to try and force her return to the original area - or are you happy for her to remain where she is provided the contact arrangements are clear?
Customer: replied 3 years ago.
Can I force her to return to the original area?
There are two options available to you.
The first is very confrontational and involves an immediate application for a Child Arrangement order which shares the care of the child between you and forces your ex to return to the area with the child while the longer term arrangements are decided by the court.
Clearly this is not likely to endear you to your ex and will make it an immediately stressful situation.
The alternative is to use family mediation ( to negotiate a pattern of contact which includes alternate weekends plus holidays - a week at Christmas and Easter and maybe three weeks (not all at once) in the summer
If that fails then you can apply to the court for a Child Arrangement Order seeking that level of contact - which is likely to be successful
You can read more on these sites
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