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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3301
Experience:  LLB (Hons)
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I have a question regarding our child's court order, We have

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Hi. I have a question regarding our child's court order
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We have a court order in place. But it needs reviewing as the order is that once the child started school (she started last month) that due to me living in London and her in school in Brighton, that the father would have her during the week and myself at weekends This is not causing issues As we have split care and he is now pushing that a 'weekend' is solely Saturday night Therefore withholding majority of care and is just his interpretation But has her in his care and has a history of keeping her etc. I need help with making sure he doesn't abduct her again
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: East Sussex thank you He has her tonight though and wants me to agree that we will do as he asks of me only having her one night a week until we come to an agreement If I don't agree, he'll withdraw contact and am scared he'll do it as of tonight ­čś×
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you! That's the info. The interpretation of our existing court order

Good afternoon to you, I'm Lea and I am going to assist you today.

May I see a copy of the order please?

The following is useful info to assist you with the site:

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Customer: replied 10 days ago.
Hi yes. Will send now
Customer: replied 10 days ago.
How do I send a copy?
Customer: replied 10 days ago.
Hello? It's gone quiet, trying to figure this out!

https://www.justanswer.co.uk/help/how-do-i-send-photo-or-file-expert

Customer: replied 10 days ago.
Over text is fine
Customer: replied 10 days ago.
Am I waiting on a response? Hi Lea, are you available yes?

I'm the one waiting for the order - I need to see it before I can advise on it.

Customer: replied 10 days ago.
I've asked how to send it, as it won't let me attach a photo?!

I cannot assist with that any further than the link I provided as I do not see the same user interface of the site as you do. You will need to contact customer services for additional help.

SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3301
Experience: LLB (Hons)
SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
Ohh OK thank you
Customer: replied 10 days ago.
File attached (GQS64Q6)
Customer: replied 10 days ago.
File attached (SL2PZL2)
Customer: replied 10 days ago.
Sent ����

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

Customer: replied 10 days ago.
Hi Clare
Customer: replied 10 days ago.
Have you had access to my original question?

I have absolutely no doubt that the Court expected youto have yoru daughter from Froday night (from school if you could make it) until Sunday evening.

I can see that that was not what was said, and I also note that your ex has a history of trying to limit the time she spends with you.

Since he will not agree to what is reasonable then you have no option but to make an urgent applictaion for a Specific Issue order to resolve the issue - another C100 I am afraid

If he does not let you have her on a saturday night he is undoubtedly in breach of the order, and you could take action on that as well- a C79

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 days ago.
Hi Clare,Thank you.As of this evening, he is happy for the Saturday night. But until an agreement of this proposal (which is I only have her either on a Saturday night, or alternative 'extended' weekends from Friday to Monday every other week. And also if I don't agree in the interim to only have her just on a Saturday night (which is withholding our original split care of x3/x4 night split care) until we agree, then he won't let me see her tomorrow.This is bullying and withholding our daughter if I don't agree to his terms until we come to an agreement. He has abducted her before and our split up came from an arrest for grievous bodily harm against myself. And am petrified that if I say I won't agree to just one night a week until resolved that I won't see her
Customer: replied 10 days ago.
Thank you for your help also

I am sorry about the distressing position that you are in

Could you get her to school on a Monday of you have her?

Customer: replied 10 days ago.
Hi.
Thank you. ***** could absolutely as moved back to the same town. I'm flexible to therfore have her split care immediately

So in fact you are no longer living in London and there is no reason why you could not have her in the week?

Customer: replied 10 days ago.
Absolutely.
It's that the court order was set out originally with me residing in London therefore it states I have her every weekend. But am living a few streets away and he is interpreting 'weekend' as X1 night. Whereby I've had her x3-4 nights a week since the start of this order! He's now implying I'm disrupting her routine and she should in the interim until an arrangement in place to only see her every Saturday night as that is how he interprets our court order! And shifting blame onto me that I'm disrupting her stability and routine!! He's restricting access and in turn, only hurting our daughter

In fact then the current arrangement could simply continue without a problem?

Customer: replied 10 days ago.
That is the current arrangement, that when she starts school I have her at weekends but he's disputing what a weekend is. The original arrangement up until last month (when she started school) was mother: Saturday till Tuesday
Father:Tuesday till Saturday
With all collections and drop offs back and forth to London-Brighton, done only by me as he refused.
So it's now agreeing this new 'school age' agreement where he is essentially deciding to decrease my care of her from x3 nights a week. To X1!

My apologies - what I meant was that in fact there was no need to change the arrangements since you no longer lived so far away and can take the child to school on the days she is with you

Given that you need to go back to mediation before a further court application

You could ask for

Alternate weekends Friday to Monday plus every Tuesday night

Staying with the arrangements as they were prior to the change

Both give you six nights out of fourteen - and there is no dount in my mind that the court will see either as being appropriate

Customer: replied 10 days ago.
Thank you for those suggestions!I'm confused slightly as the Friday to Monday plus a Tuesday night alternate weekend would only give 4 nights in 14?He says the original agreement of split week Tuesday - Saturday and Saturday - Tuesday is now null and void. And that his understanding of me having her on weekends is solely a Saturday night.Would my suggestion then be alternate weekends and mid week nights on the no contact weekend?

I was suggesting Tuesday night every week (which is five not six my apologies - and you could ask for alternate monday nights so that you hav eher from Friday to tuesday)

It is clear that the court assumed that the weekend was Friday to Sunday

However I would re-negotiate the while thing now you are both in the same town

Customer: replied 10 days ago.
That's extremely helpful thank you.
Would that be considered in terms of separatef parents an acceptable and positive arrangement. In that, our daughter's routine and stability still seen as solid and positive wuth that arrangement? The father is trying to take away more time by saying it's disruptive to our daughter. (ludicrous I know, but have had years of court fights with him where he has spurted so many lies that I'm so on edge of making sure I triple guess myself to not get tripped up again)
Also, for the interim until we re-negotiate (am aware may take months as he will fight), that I should keep her routine set and as over the last few weeks (I've just moved back and am settling) she's spent more time with him, he is now saying she should stay with him until we have a new court order? Or am I completely in my right to say we revert to original arrangement of split until we can agree on what our order of 'weekend' looks like?
My worry is that until we have a new custody arrangement order, he will pressure for me to concede to the Saturday night. Then use that against me when we are negotiating!

Since you are now local there is no reason why the preschool arrangements should not continue

Customer: replied 10 days ago.
Thank you.
So much.And for the interim of his suggestion of me only having her on just the Saturday night until the order agreed? Has he any right to instil that? (we've had previous issues with him withholding her and abduction abroad that were stopped with orders)

No he has no right to do that - and I beleive you could get an urgent hearing if he tries

Customer: replied 10 days ago.
You've been so helpful and can't thank you enough for putting so many worrying questions (from experience as have fought this battle for years) at ease.I will email over to him and hopefully be pickinf my daughter up tomorrow and then process next week the correct steps.Thank you again. So much

I hope that it works

Customer: replied 9 days ago.
Thank you. Me too. I have my daughter now and will be initiating discussions next week. Thank you again

Good luck