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Ask Clare Your Own Question
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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Im separated of three years but not divorced I have three

Customer Question

hello im separated of three years but not divorced I have three children one of which has just been diagnosed with a disability, my ex was amicable but now telling me when he can have them and that he has used all his holiday at work therefore none left to have them for me to take a break im exhauseted have health issues and no grandparents do I have any rights as a mum, we alternate weekends to suit him he has a chart
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What is the actual pattern of ocntact and what do you wish to change it to
Customer: replied 2 years ago.

Hi claire.

Dad has them tues pm and alternate wk ends.hes been away ten days.and away with work wk previous.ive asked to him to have them some of nxt wk so I can go away no used all his holidays I have to wait till oct when he takes them away.what am I entitled to.

Expert:  Clare replied 2 years ago.
Doe she ever ask for extra time with them?
Customer: replied 2 years ago.

Hi. No only for a holiday one week in the year he its dad.he can never have time off but has holidays I need a rest its tiring with a disabled child.

Expert:  Clare replied 2 years ago.
I am so very sorry - but the sad fact is that the court cannot force your ex to have more time with the children than he wants.
I know that this is not fair - and understand that you too need a break - however the simple fact is that the Court cannot and will not do this against your ex's wishes.
You can try and discuss matters with your ex using Family mediation
in the hope that this will help him realise that he needs to help more
Please ask if you need further details