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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4918
Experience:  LLB (Hons)
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I am having problems over access to my children, England,

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I am having problems over access to my children
JA: Where are you? It matters because laws vary by location.
Customer: England, UK
JA: What steps have you taken so far?
Customer: i have started the mediation process to get a structured agreement in place to stop the mother from reducing/stopping my access if she doesn't get her own way on things that process started last night, and she has already said that my nights are reduced by 1 night per week until mediation is completed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so

Hi, I’m Lea and I will be assisting you with your query today.

What is your legal question about this please?

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Customer: replied 9 days ago.
Hi, I am unsure on my legal rights as the father. I dont wish to have my access reduced just because I have initiated mediation but I am unsure on my rights on how to go about informing my ex

You and the mother (if you are named on the birth certificates or were married to her at the time of the births of the children) have the exact same parental responsibility. So she cannot dictate to you anymore than you can dictate to her what time each of you spend with the children.

That said, that is the legal position, but the position on the ground is likely to be very different, with one of you having more care of the children than the other, and as a result that person thinks they should be able to make decisions by themselves. She shouldn't be reducing your contact unless there are valid, safeguarding reasons for doing so - but just because she 'shouldn't' doesn't mean she won't, and realistically the only way to resolve this is by getting a court order in place.

Mediation is admirable, and I wish more people would use it effectively and come to an agreement over the children that way - but the reality is that even if there is an agreement that way, it's not binding on either of you in the same way a court order would be.

I'd suggest the first item on the agenda for the mediation is that the contact remains the same until a new agreement is made between you.

Customer: replied 9 days ago.
Thank you for the advice, in terms of how the Mediation agreement works, would that be able to be passed to court to create the court order? Do you understand what I am meaning by her manipulating the situation to suit herself, and so threatens to reduce my access. There are no safeguarding issues at play, if there were then why not cut all access. It is moving from 3 to 2 nights a week.

Yes you can get the agreement sealed into a court order.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
ok thank you for your help on this matter. I appreciate the assistance

You're very welcome.