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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4759
Experience:  Owner at James Bruce Solicitors
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My ex partner lives in Nottingham I live in Sheffield, he

Customer Question

My ex partner lives in Nottingham I live in Sheffield, he left 1.5 years ago, our child goes to school in September in Sheffield so I have sent him the plan for child care but he has refused w it at B would be the usual routine for child care in this situation
JA: What steps have you taken? Have you filed any papers in family court?
Customer: what* The child has been going wed-Friday to visit for 1.5 years and we have not taken any other steps just that he has said the Rota I have presented is not what he wants he would like the child to be either live with him Monday- Friday or he would like him every weekend
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just that I think the child should stay Monday - Friday at him home and do alternate weekends at his dads and split school holiday so half with me and half with his dad I’m wanting to know if this is correct or if his dad will get more time if we go to court I also work 6-6 Wednesday Thursday and Fridays
Submitted: 11 days ago.
Category: Family Law
Expert:  james bruce replied 11 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

It is a very difficult situation to deal with when a child reaches school age and parents are separated.

Clearly the child cannot be split in two for schooling, so the parents will need to agree to a course of action.

Any court would see that a child needs regular schooling and that it would be unfair for a parent to have the child every weekend.

The normal route would be shared access every other weekend and alternate holidays. That is a standard and well applied course if action.

what would need to be agreed is who exactly has the child Monday to Friday during term time. That sorry to say is something you are going to have  to work out quickly.
You may need to consider mediation to sort this out and should that fail, then apply for a formal child arrangements order form the family court.

Customer: replied 11 days ago.
Henry (the child) already had his school chosen as his dad and I made the descision to pick this school in January so there is no option to change the school and I don’t believe changing the school he knows he is going to and knows from when he was younger and his older uncle goes is a good idea. So I suggested every other weekend at his dads and then if he wanted a couple night in the week and split school holidays is this a good idea? Is this fair ?
Customer: replied 11 days ago.
I have requested a call from mediation today and will wait for there call but I do think his dad will request for him to go to school in Nottingham do you this will be granted? I personally do not agree with it and I will be totally against it as Henry knows what school he is going to and we walk past it every day on the days I have him would it be granted that he could change his school?
Expert:  james bruce replied 11 days ago.

You suggestion is the perfect option.
You seem to have Henry’s best interests in mind.

If the father cannot accept this, go to mediation and then seek a child arrangements order based on what you propose.

Customer: replied 11 days ago.
I do have Henry’s best interest at heart he deserves to got it school he knows and he deserves to see BOTH his very good parents equally around that I will tell his father again and I have even suggested if his parents (Henry’s grandparents) or his sister (auntie) wanted to pick him up instead so that when it is his weekend it’s just him and his boy and they have already seen I am willing for Henry to sleep at his dads two nights a week or grandparents or auntie or even just go out for tea with them and then get dropped back off at bedtime I’m really not unreasonable but I just seem to be getting throw back and told that is not what he wants thank you for your help I will contact mediation
Expert:  james bruce replied 11 days ago.

You are making all the right moves and options, good on you.
Really if he won’t agree then the mediate and finally court order is want would be needed.

Good luck.

Can I assist or clarify anything further?

Customer: replied 11 days ago.
Thank you very much for your help
Expert:  james bruce replied 11 days ago.

Your very welcome. Good luck.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.