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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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What are my rights as a father to see my children, I am now

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What are my rights as a father to see my children, I am now divorced and the children live with their mother ?!

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how old are your children?

- are there any court orders in place?

- how often are you seeing your children now? how long has this been in place?

- what is your proposal?

- what is the mothers position? is she stopping you from seeing your children or restricting the time? If so, what are the reasons she has given you for doing this?

kind regards

Caroline

Customer: replied 6 months ago.
Hi, their are no court orders in place at this point, my main reason for the question is as follows she is refusing to let me take my kids away for the weekend point blank, we will be attending country wine festival with family, yet she feels it would inappropriate, but has provided me with no valid reason why ?
Customer: replied 6 months ago.
My kids are 13 and 10
Customer: replied 6 months ago.
My kids stay over with me one night a week
Customer: replied 6 months ago.
The kids have been staying over for around 18 months

Hello

Thank you for your response.

I am sorry to hear that the mother is being difficult.

What you need to know is that it is the position of the courts that children are entitled a really good relationship with both of their parents and that this should prevail as long as there are no child protection concerns, which you have confirmed that there are not.

Basically, the court sees the parents as equals.

If there are no child protection concerns, and this is a family festival that the children will enjoy then the mother should allow them to go. If the mother wont agree and provide you with a valid reason then you need to consider applying to court for a child arrangements order to set out the time that the children spend with you and also for the court to consider the break.

It is the position of the courts that children will enjoy holidays and should not be unduly denied the opportunity of such breaks without good reason.

Mediation should also be considered. This is actually a prerequisite before you can apply to court. Mediation is independent and a way of reaching agreement without the need for court. There are lots of family mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

If mediation cannot reach agreement then the mediator will sign the form so that you can apply to court. The court form is the C100 form and the court fee is £215 although you may be eligible for a reduction or waiver depending upon your means.

Let me know if I can assist you further

kind regards

Caroline

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