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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 201
Experience:  Consultant Solicitor at Setfords
66642005
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My wife and i are separated going through the divorce

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hello
my wife and i are separated going through the divorce process.
in the interim we have child arrangements that have until now worked without glitch.on Fri 8th at 4.16pm i received an email letter from her solicitor informing me that She has unilaterally insisted the arrangements have changed and now instead of this monday the children coming to me this monday and tuesday after school, that they will not be as per the prescribed changes she has set.i have told her i do not consent to these changes. i have not had any chance to seek legal advice from my solicitor being the weekend.there has been no discussion of these changes. notwithstanding the complete lack of notice, i wholeheartedly do not agree to these unilateral changes that have not been ratified by either myself or any legal order.is she allowed to do this ?

Hello, my name is*****

In your view were the previous arrangements working and how long had they been in place.

Also what were the arrangements?

Thank you.

Customer: replied 4 months ago.
the arrangements have been in place for 4 months and have worked without glitch till now...they are 50 50 over a two week cycle....they are due to come back after school to my house tomorrow and tuesday but my wife has informed me that in spite of my not agreeing that they will go to her house. there has been no material event to justify any change

Hello,

The answer is yes and no !!

In short it is difficult to stop her from doing so but it is wrong for her to behave in such a way.

I would suggest to make am emergency application to the family court.

You do so by filing 3 copies of a C100 asking for an child arrangement order for the children to live with you. There is a court fee of £215.

You can ask for an urgent hearing. All being well you will have a hearing in the next week or so.

I would expect the court to re-instate the previous arrangements unless there is a very good reason to not do so.

If mother still wants to change the arrangements then the court cam deal with the matter and consider what arrangements should be in placs in the long term. In these circumstances the court will ask CAFCASS to prepare what is known as a s7 report and make a recommendation for the long term. However, the current arrangements should remain for now.

So in short I would suggest making an application asap.

Thank you.

Hello,

Your feedback would be appreciated.

If you require any further clarification please ask.

Thank you.

Marcus

Hello,
I hope you received my answer.
If you require any clarification please do not hesitate to ask.
I would ask you to kindly provide feedback.
Thank you.
Marcus

Hello,

I was just wondering how matters are going. Did you make the application?

Thank you.

Marcus

Customer: replied 4 months ago.
Hi Marcus - I thought I had replied ( amongst other things to complain how un-user friendly the site was ) . I reached my solicitor on the Tuesday after I had written to you. There has been a lot of back and forth with hers..No formal application made yet. We are having a roundtable on Wednesday. We will see what that brings. Your answer however at a time I could not reach my solicitor gave me comfort that I could be assertive with my requirement of consent. Thank you.

Hello,

I am pleased that matters are at least going forward.

I am also sorry about the difficulties as regards ***** ***** of the website.

I would be grateful for a rating in relation to my answer.

Hope all goes well for you.

Thank you.

Marcus

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