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: 34885
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

Clare I have split up with my Girlfriend. We have an 8

Customer Question

Hi Clare
I have split up with my Girlfriend. We have an 8 year old Son. I want 50 / 50 access, but she only wants me to have him on alternate weekends and 1 or 2 nights each week. Is this fair or do I need to go to court to get what I want ?
I live with my new girlfriend who has a 4 year old Son, 15 miles from my Son's home.
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.
Who has had the day to day care of the child until now?
How long would the journey to school take from your home?
How do you want the specific arrangements to work?
Customer: replied 2 years ago.
My Girlfriend has the day today care of our son. It will take 20 minutes to drive him from my home to school, it takes 10 minutes from my girlfriend's house to school. I want him 2 days in the week and 1 or 2 days each weekend. This would then be 50/50 for both of us.
Expert:  Clare replied 2 years ago.
HiMy apologies for the delayThere is a much clearer understanding of shared care now - and the realisation that you are both parents and will remain soHowever the priority is the needs of the child - and there is no rule that says shared care is 50/50.It would be more realistic to ask for alternate weekends from school on the Friday to school on the Monday plus one night in the week - moving on to two if he settles into the pattern well. This would take you to 50/50 shared care eventually but would be seen as a child focussed way of doing it.Obviously you shoudl ask for half the holidays as well!The starting point will be to try and discuss matters with your ex using Family that fails then you will need to apply to the court for a Child Arrangement Order. In the mean time take any contact you are offered!Please ask if you need further detailsClare