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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
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 am asking on behalf of my lady friend who is Lithuanian.

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I am asking on behalf of my lady friend who is Lithuanian. She has lived here over twenty years. She met someone she thought she was going to settle down with and relented to his wishes to have a baby with him at the age of 43 while he was 54 as he had no children. Once the baby was born he left her but does pay for the son from the union. The problem she has is access. They have joint legal custody and both have parental responsibility. This was done by mediation and then by court order. He has custody every weekend from Saturday to Sunday. My friend works late on a Wednesday and on her work days she takes the boy to a nursery here he is happy. The father collects him at 5 pm on Wednesday and is supposed to take him to the nursery on Thursday at 12 noon so my friend can collect him when she finishes work. For the last three Thursdays the father has said the boy doesn't want to go so keeps him with him. The nursery have told him to take the boy to them and they will see how he behaves but he refuses. My friend has no problem with him going to nursery with her so she said that she would collect him and take him herself. He refuses to let her. It would seem he is doing this to be able to keep the child for extra time against the rulings of the court. She asked him to drop the boy in the car park of where she works at the end of the day but he refuses and says she has to collect him from McDonalds' car park which is miles out of her way. She then suggested they meet outside the nursery where she would normally collect him but he still refuse and says it has to be McDonalds. Whilst my lady friend is totally compliant with the orders of the court and allows him proper access and more on occasions. It seems the father is trying to make things as difficult as possible for her which in the end will only serve to upset the young lad as he gets older as he is only just turned two at the moment. I have suggested writing to his solicitor pointing out that their client is not obeying the orders of the court and am wondering if you would advise this or not? Your speedy reply would be appreciated please.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHow old is the child and what does the Order say about the return.When was the Order made?Clare
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Customer: replied 2 years ago.

Child is two. I have just spoken to my friend. The order is to deliver and collect from McDonalds on Saturday and Sunday every other week, But on the other weekends my friend works he has him Saturday till Monday. He collects him on a Wednesday at 4pm from the nursery and must return him to the nursery at 12 noon on Thursday. This is what he is refusing to do and then he keeps him all day without permission and then expects my friend to collect him from McDonalds. This was ordered in December 2014.

Do you think your friend will feel up to trying to enforce the Order via the courts?
Customer: replied 2 years ago.

As a last resort yes but we are hoping a properly worded letter to his solicitor reminding him of the terms of the order will prevent this. I don't know the chap but from what my friend has said he is very very wealthy and in his eyes money talks. It would seem he is trying to get the boy away from my friend but I don't think the courts would let that happen in this day and age. But, you never know. All I would like is some guidance in how to write to his solicitor without antogonising him any more than necessary. As my friend is Lithuanian, although her spoken English is excellent her written is not always brilliant. She sometime spells a word phonetically. However, it can't be that bad as she is on a management team with Marks and Spencers. I would really like to get something to her so she can copy it and email it to his solicitor before he has a chance to send a letter to her with more lies like he has done in the past. I would hope to get something in his inbox for Monday morning when he gets to work. Thank you.