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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35087
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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Can my wife stop me phoning my 7 year old son? We are only

Customer Question

Can my wife stop me phoning my 7 year old son? We are only just recently separated (2 months), she has our son 4 nights, opposed to my 3 nights a week. Initially we both would call our son when he was with the other parent in the morning and evening to say good morning and goodnight. Recently my wife has been calling less and less when our son is with me...and now she has begun not answering the phone when I call to speak with him. Everything we have in place at present is purely by mutual agreement.
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.
Did you use Mediation to reach the agreement or was it simply something you both agreed ti?
Have you asked her why the change has happened?
Customer: replied 3 years ago.

Hi Clare

No we did not use mediation. Initially my wide said 50/50 re: custody when she ended the relationship. Then she insisted on 4 nights a week which went along to but made it clear for the record I was not in agreement with it. When we first moved to our own houses 7/8 weeks ago, all was fine, I would call our son every morning when he was with her and vice versa.

However over the last 3 weekends when he has been with me I have noticed she'll call him once or twice over a 3/4 day period and thats it...which is fine, thats her choice, but over the last few days when I have been calling to speak to our son (either morning or evening) the phone will ring out and I'd get a text saying, 'he went to bed as he was tired' which I know is an excuse. The point is can she refuse to take calls from me when I want to speak to him...and if so can she stop me buying him a phone?

Generally speaking our relationship is an amicable one (though she does have a very short fuse) hence me checking with yourselves before I confront the situation.

Thank you

Adam French

Expert:  Clare replied 3 years ago.
Unless there is a Court Order then you cannot force your ex to allow you to speak to the child when he is with her
Equally she cannot stop you purchasing a phone and giving it to him - but equally you cannot force her to allow him to keep it when he is in her home
The best way of trying to approach this is to discuss matters with your ex using Family mediation
to agree a Parenting Plan so that there is a clear understanding between you as to what the arrangements are - and these can if necessary be turned into a Consent Order sealed by the court so that it can be enforced if necessary
I hope that this is of assistance - please ask if you need further details