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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
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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As a father I have parental responsibility for my daughter.

Customer Question

As a father I have parental responsibility for my daughter. My daughter's mother (who I was not married to, or lived with) says my wife, who has been in my daughter's life since she was born, is not allowed to pick my daughter up from or drop her off at school, but anyone else she deems fit to (such as her mother, or maybe even her boyfriend) can. Can I give my wife permission under my parental responsibility to pick my daughter up from school on contact days as agreed through the court, if I am unable to pick her up?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

If the mother has said your wife cannot collect the child then I am afraid you cannot overrule that.

She cannot dictate who takes the child to school.

However the same applies - you can tell the school that the only people you will authorise to collect the child is you or her mother.

I would suggest that you inform your ex that you will do this unless matters can be resolved t using Family mediation

Please ask if you need further details

Customer: replied 1 year ago.
She is just being petty and changes her mind quite often. It was ok for my wife to make her mother's birthday cake, and my wife does lots of things with my daughter on their own. I was sure the solicitor I had at court said I could use my parental right to give my wife permission to do things. So, I could inform the school that only my daughter's mother can collect her from school, and not her grandmother (who works part-time at the school, and cares for her until her mother finishes work)? I don't want to be difficult, it's just that I will be starting a new job soon and will not be able to get to her school for when she finishes. That will then go against the court order which says she is to stay with me from finish of school every other Friday and every other Wednesday. What would happen then? Will that go against me as breaking the court order?
Expert:  Clare replied 1 year ago.

Your ex is simply being unreasonable - your other option is to go to court for a specific issue order to deal with the matter.

The Court will not criticise you as you are not breaching the Order if you cannot collect your daughter.