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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 5266
Experience:  Barrister at law
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I need a legal advice.I have split up with my partner 2y ago

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Hello,my name is ***** ***** i need a legal advice.I have split up with my partner 2y ago as he was abusive and jealous and we got NON MOL order in place and i got our son in my custody.My son’s school is doing a trip to France in September and he wants to go,will cost me £400 and i will pay it as his dad doesnt want to contribute any peny let alone let him go for this trip for 5days as he is controll freak and it would mean ill be child free for 5days.I’d like to know if he can stop our son to go or not as school said it’s enough if they have got my agreement and signature for that trip.As he said without his permission our son is nit allowed.He never has his son for overnights just because he is stopping me to be free and move on in my life,he is only looking after him couple of hours once a week when im at work on a weekend or possibly halfterm when i work but only for few hours than he brings him back.Can you please help me with any advice?Thank you
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not yet as i have been told if he doesnt want to no one can force him to have his son
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Worcestershire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

 

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

The school will only need agreement from the main carer - i.e. you.

If he wants to stop the trip, he'll have to make an application to court for an order to stop it - and the court is just not going to give him that order as it is clearly in your son's interests for him to go on the trip. He cannot put up a good reason for this refusal, I assume?

I hope this helps? Can I clarify anything?

 

Customer: replied 15 days ago.
Hi thank you yes i think this is helpful as he only keeps saying i havent got any rights to make decisions.But he is not with a child 24/7 dealing with him all the time is only me,few hours he spends with him doesnt make him a dad i guess.He doesn’t want to have a set up days to have him only just as he likes so he is doing what he wants basically and looks like he is ruling everything and i got a child in a custody.Do i have a right to decide i wont give him my son anymore?

Is there a court order in place for his contact?

Customer: replied 15 days ago.
no nothing

And confirm for me how old your son is please - and what his views on contact are?

Customer: replied 15 days ago.
he is 9 in june and him and his dad talk through the phone and they arrange a date when he is having him coz i work sundays.Sometimes when they agree he pickes him up fron school and if ask my son to ask him when can he go over for sleepover his dad is always finding arguments just not to have him.So every sunday is my son there for few hours rarely through the week and halfterms but only as a sitter as i work days and my ex works nights so he is at home able to look after the child.
Customer: replied 15 days ago.
Just say no ! He just doesn’t want me to have time off without my son ! He doesn’t do weekend, share care ! Nothing ! We have split up due to his abusive and jealous nature

If you are being messed around continually and your son is being upset by the unreliableness of this all - then stop contact and advise that he will have to apply to court. But if your son does enjoy the time he spends with his dad - don't stop contact, but set clear times and boundaries and advise if these are not stuck to that he will have to apply to court.

I hoep this helps?

plclegal and 4 other Family Law Specialists are ready to help you
Customer: replied 15 days ago.
Yes it did help me a lot.i got it bkack on white from the expert.Thank you very much !

Happy to help. Best wishes.