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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I separated in 2010 and divorced soon after.

Customer Question

My husband and I separated in 2010 and divorced soon after. The arrangements for his access with our daughter were agreed and delt with by a solicitor, these arrangements have pretty much been unchanged since then only changing when there has been a need,if he had to work for example, there has been some flexibility. The arrangement is that he collects her after school on a Wednesday and drops her to school on the Thursday morning and he collects her from school Friday evening then either he brings her home on Saturday or I collect her. I have had a few calls from her school as they say she is forgetting work or books and seems unsure of which house they are at but on the whole this arrangement has been ok.
My ex husband has not paid maintenance in over 2 years , recently the CMS have tracked him and asked him to pay which has now angered him resulting in me receiving abusive texts. He now wants to change the arrangement so that he has our daughter 50% of the time. ( Thursday - Sunday one week then Thursday till Saturday the next) I feel this is just to get out of paying maintenance. My worry is not the money as I have been used to not getting it anyway, my concern is for my daughter. She is 13 years old and autistic. She has just started her GCSEs and is also taking an A level a year early. He says as she is 13 she can decide. I'm sure the idea of living half time with him and her best friend (who is his girlfriends daughter ) sounds great to a 13 year old but I feel these next couple of years of schooling are very important, I'm worried the change will not be good for her autism and I won't be able to check if she is doing her school work. Please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Have you obtained your daughter's wishes and feelings regarding his proposed changes?

Customer: replied 1 year ago.
Abbie doesn't like to upset anyone and will agree to anything suggested. I expect the idea of living at her friends will appeal to her. My worry is that when she has been there she doesn't seem to have slept properly and comes home tired Do I have any rights to say no?
Expert:  Harris replied 1 year ago.

Thanks for confirming. You have the right to refuse the proposed arrangements if you are able to demonstrate that they are not in her best interests. If the father seeks to continue with his proposals he should pursue a child arrangement order application to court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.