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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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I have seperated from my girlfriend and she refuses to let

Customer Question

I have seperated from my girlfriend and she refuses to let me see my 2 sons 4 and 1.
I need advice on what to do next.
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.
How long have you been separated and when did you last see them?
Customer: replied 3 years ago.

we separated on the 24th october and I have had a brief visit when I went to pick some things up. she let me see them today but she had to be there. she is uses them to get back at me.

I want to go for joint custody .

Expert:  Clare replied 3 years ago.
Has she actually offered a pattern of contact at all?
Customer: replied 3 years ago.

No pattern. Apparently she has spoke to a solicitor and he says I am allowed 1hr a week and she has to be there. What are my chances of joint custody as they are my world.

Expert:  Clare replied 3 years ago.
She has not been told that at all
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary.
An hour once a week in her presence is not sufficient
If she believes you cannot cope or you have no where to take them then contact can start at a local Contact Centre
for three hours once a week
When you have somewhere appropriate then you can build up to overnight contact on alternate weekends plus an evening in the week.
You can find out more on the website here
In the mean time you should arrange to attend mediation
If that fails then you can apply to the court for a Child Arrangement Order
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

what chances have I on getting joint custody

Expert:  Clare replied 3 years ago.
There is no longer any concept of Joint custody.
You both have Parental Responsibility for the children - the only issue is how they share their time between you.
Since your ex has been the main carer until now then 50/50 is not likely - but eventually alternate weekends an evening/night in the week plus half of the school holidays is a likely outcome