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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
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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Last year, me and the ex-partner have mutually shared

Customer Question

For the last year, me and the ex-partner have mutually shared access to the children.
I would have them every Wednesday and alternative weekends.
Today, I've had the children and she rang to see if she could have them for an hour for a family party - Which I agreed to.
She is stating that they aren't coming back tonight because one of the children has a temperature.
I'm not really happy that she can easily just reject sending them back. I know she's not legally breaking the law or anything by doing this so there's not much I can do.
What would be the initial step to get custody of the children for the days that I have them so she legally can not refuse to give them back in a case like this?
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.
How old are the children and has this happened before?
Customer: replied 2 years ago.

They are 6 and 4. It's not happened before but I no longer have faith she will give them back when she chooses.

Expert:  Clare replied 2 years ago.
There is no longer any legal concept of Custody - or even residence.
the only issue is how a child shares time between both parents.
Whilst you can go through the process to obtain a Child Arrangement Order it woudl still not resolve incidents like this.
If one of the children is ill it makes sense to put them to bed where they are rather than moving them today.
If this becomes a habit then the next stage is to try and discuss matters with your ex using Family Mediation
You must attend even if your ex does not as it is a prerequisite for any subsequent court applictaion.
You can read more on this site
Please ask if you need further details