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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1836
Experience:  Bar Professional Training Course
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I have some questions related to family law if it’s ok? i am

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Good evening
JA: Hi. How can I help?
Customer: I have some questions related to family law if it’s ok?
JA: Where are you? It matters because laws vary by location.
Customer: i am in Northamptonshire
JA: What steps have you taken so far?
Customer: None yet I will give u a very quick brief on what’s happening, if it’s ok
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it’s about child arrangement
Customer: replied 1 month ago.
Good evening

Good day your question has been forwarded to me to see if I may be able to assist

What is it that you require assisting with?

Customer: replied 1 month ago.
I’m divorced and my children live with me
Customer: replied 1 month ago.
They normally go to their dads over the weekend
Customer: replied 1 month ago.
However we haven’t not been to there dad’s for the past couple of month because of the corona virus ( we live in different cities)
Customer: replied 1 month ago.
We have recently agreed in an email for the children to go to my ex’s and spend 2 weeks there
Customer: replied 1 month ago.
However I wanted to change it to one week now for some reason
Customer: replied 1 month ago.
he’s threatening me with a legal action, if I don’t let the children stay for 2 weeks.
Customer: replied 1 month ago.
If it’s agreed in an email, do I have the right to change it? My children want to stay for only one week
Customer: replied 1 month ago.
is it legally binding?
Customer: replied 1 month ago.
Thank you

Thank you for the additional information. Simple answer is no it is not legally binding. You may change it if there are other events which prevent you or the children being able to accommodate the lengthy stay. Maybe what you could do, is to try as amicably as possible to explain the reasons for the change in circumstance so that he does not feel as though he is not being concerned. However there is no legal basis for him to take you to court because of you changing your mind.

Hope I clarified things for you. Kindly let me know if I may be of further assistance.

Kindly take the time to indicate your acceptance of the answer given. You may do this by clicking on the stars at the top of the page.

All the best

RL

Customer: replied 1 month ago.
Thank you very much for your answer.
Customer: replied 1 month ago.
I have tried to talk to my ex and explained the reason why, but he refused to listen
Customer: replied 1 month ago.
He has since hired a lawyer and wrote me a solicitor’s letter
Customer: replied 1 month ago.
Basically threatened to make immediate application to the court if I don’t handover the children
Customer: replied 1 month ago.
Based on me denying my children spending time with the father
Customer: replied 1 month ago.
I am very upset with being threatened by his solicitor in n absolutely no legal basis.
Customer: replied 1 month ago.
Is there any legal action I can take? Will it fall in the category of bullying?

The primary legal recourse if someone is bullying or intimidating you would be to apply for a non molestation order. This acts as a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain This order if someone has been physically violent or against someone who is harassing, intimidating or pestering you.

so, you may apply for this against dad. If any of the above applies to,him.

you would not be able to apply for non molestation against the solicitor though. With respect to the letter you may simply respond denying not allowing dad to have access to his child and indicate your willingness to do so but that on this occasion you are able to accommodate him for one week only and not two (which is not indicative of someone denying access).
You are welcome. I am happy I was able to help

Customer: replied 1 month ago.
My children are going to his tomorrow, which I only agreed one week ( emailed his solicitor ), if he doesn’t return them after a week and insisted on keeping them for 2 weeks. Is he legally allowed to do so?
Customer: replied 1 month ago.
Just to clarify I am the resident parent, the children normally go to the dad’s on the weekends, it’s been arranged by ourselves NOT through the court.
Customer: replied 1 month ago.
Many thanks and your answers are greatly appreciated!

For you to be able to have structure in terms of visitation, it is perhaps best to have something formally agreed through the court. That will prevent this happening again in the future. As previously said, the agreement for him to have the children for two weeks is not legally binding so you would be able to collect them or request that they be returned at the end of the first week.

Customer: replied 1 month ago.
Thank you very much
Customer: replied 1 month ago.
My kids are with the dad now and I’ve written to both himself and his solicitor that I wish for the kids to return on next Sunday.
Customer: replied 1 month ago.
If he chose to ignore it and still want keep them for 2 weeks, is there anything I can do?

If he refuses to return the children you would have to apply to the court for their return. However, if it is only for an additional week it could mean that the hearing would not be before the court before that time. As such, please see my above guidance where I recommended making a formal application to the court for there to be set contact in place.

I ask that you take the time to indicate by clicking the stars at the top of the screen whether you accept the answer given so far. Kind regards

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