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 ukfamilysolicitor Your Own Question
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1373
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
Type Your Family Law Question Here...
ukfamilysolicitor is online now

Myself and my husband of 6 years have recently seperated.

This answer was rated:

Myself and my husband of 6 years have recently seperated. We have 1 son who is 4, and until now we have both been very amicable with regards ***** ***** seeing both mummy and daddy. The marriage broke down this year as i had an affair. I have since left the family home and have agreed to take my son for day visits, again trying to be as amicable as possible for our son. However i want my son to stay overnights with me and my husband is not willing to cooperate to this. As a mother do i have the right to simply tell my husband that i will be taking him? My husband states that i have to tell him who i am with when our son is with me before he agrees i can take him. We have both taken legal advice up until now but i am worried that he may take me to court for full custody. What advice can you give me?
Welcome to Just Answer
I am a Solicitor and will assist you.
It is the courts view that children have a right to have a good relationship with both of their parents - unless there are child protection concerns - having an affair is not a child protection concern and this should not prevent you having a good relationship with your son. If there are no other concerns, you are able to care for your son and you have the facilities at your new place - then your son should be able to stop with you overnight.
It is encouraged that parents set their feelings aside about each other and try to amicably agree the time that their children spend with their parents. There is no reason why a shared care agreement could not be possible if this is possible to facilitate and meets your sons needs. Your relationship with your son should not be restricted as a result of an affair. If matters can be agreed then there is no need for a court order.
If, however, the time that your son spends with both of you cannot be agreed then you should consider referring the matter to mediation. Mediation will try and help you agree a schedule in respect of when your son will spend time with both of you. Children really do benefit from having a schedule and knowing when they will next spend time with the other parent.
If matters cant be agreed at mediation then an application could be made to court for a child arrangement order. Court Form is C100. Court fee is £215. Send to local family court. The court will then make the decision for you based on your sons welfare.
An application cannot be made to court until mediation has been attempted.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Please kindly remember to rate positively. We receive no credit for our work unless positive feedback is received.
ukfamilysolicitor and other Family Law Specialists are ready to help you