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Category: Family Law
Satisfied Customers: 862
Experience:  Expert
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An ex wife who will not let me see my 13 year old on at my

Customer Question

An ex wife who will not let me see my 13 year old on at my new family home. she has an issue with my new partner an wont let him in our house. My son has no issue with my new partner and wishes to spend time with us. I am allowed to see my son if I collect him on my own from her home and take him out in my car for a couple of hours. There is no custody arrangement in place. We have been divorced for 10 years and the children have always lived with her. It has been a battle from day one to be allowed to parent my children. I wish to be able to do what I choose with my child on my time with him. And not have her dictating what I can and can't do. Where do I stand with the law on this.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have never taken any steps. Just put up with it and now its damaging my relationship with my son and my family. Something needs to be sorted. I believe a letter reminding her of my rights as the father would be enough.,
JA: Have you talked to a lawyer about this yet?
Customer: No I believe I will need a lawyer to do this for me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My daughter who is also from this delved marriage has a clinical mental health condition. She is currently in a children's mental health unit and has been for 13 months. I visit her regularly without issue as my ex wife has no jurisdiction over that situation. She will allow me to see my son as long as its on her terms. None of the social team dealing with my daughter see my new partner as an issue for either of my children. Its sadly a jealous ex wife who wants to stop any relationship between my children and her. Sadly this goes on in a lot of dissolved relationships I know.
Submitted: 18 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 18 days ago.
Good afternoon and thank you for your question. I'm genuinely sorry to hear you've got problems with your ex-wife. I'm a solicitor specialising in Child Law so I'd be happy to offer some guidance but I'll need a little more information first.When did you last see your son? Do you think your ex-wife would consider family mediation to try and resolve the matter?Thanks, J
Customer: replied 18 days ago.
Obviously with the level of the situation with my daughter there has been a lot of family mediation. Whenever we go to mediation, arrangements are made for weekly build up meetings to make the ex wife feel more comfortable, with the intention of after the said number of week allowing full family mixing. on each occasion my ex wife has gone through the weekly arrangement to then pull the plug at the last week saying my partner cannot be involved with the children.
We need to resolve this, my son lives only 20 minutes away and we would like to be able to integrate him within our family unit. This was how things were until 2 years ago when my ex wife decided she wouldn't allow it.
I believe mediation wouldn't help as we have tried to no avail.
Customer: replied 18 days ago.
I would like to know where I stand with child law. I believe after looking into the law about parents not living with their children, that I would be able to collect my son and do with him as I wish whilst he is in my care, and that she cannot have any control over who I introduce him to or allow him to mix with during that time.
Expert:  JeremyT1020 replied 18 days ago.
Hello again. Essentially, your son has a right to have a relationship with and spend time with both parents. This is enshrined in the Children Act and influences every court application for a "spend time with" order.Furthermore, your son is 13 years old. If you were forced into making a court application, the court would want to establish his "wishes and feelings."
Expert:  JeremyT1020 replied 18 days ago.
if you are in an established relationship, your ex-wife has absolutely no reason to object to your son spending time with you whilst your partner is also with you.
Expert:  JeremyT1020 replied 18 days ago.
Unless your partner is some sort of genuine threat to your son's welfare (highly unlikely), your ex wife does not have a leg to stand on.
Customer: replied 18 days ago.
apologies I didn't answer when I last saw Jayden.
I picked him up on the 17th April.
Picked him up from his mums house after work, and took him out for a couple of hours. Then dropped him home. I want to be able to bring him to. my house. Ive had two homes now he's never seen, and that out feel very strange for him.
He does feel a lot of loyalty to his mother, she has made her feelings very clear about my partner and clouded their relationship with her. Although my partner adores the children and until 2 years ago they regularly stayed at our home once a fortnight for the weekend, without issue. I know she made things very difficult for the children when returning from our home with questions and negativity etc. the reason ive held off so long is as I didn't want the children forced into choosing who the pleased or upset in making these kind of decisions. As im sure you can appreciate my daughter has been through unbelievable trauma with her mental state which in turn has had an affect on my son. I just want her to allow normal contact with my son without putting pressure on him if he decides thats what he wants.
Customer: replied 18 days ago.
Are you only someone that answers questions or would I be able to engage your services at an additional cost to send a letter to my ex wife establishing where my rights are with regards ***** ***** son.
Expert:  JeremyT1020 replied 18 days ago.
Hello again. Whilst I do undertake that work with my full-time job, I'm afraid I can't give my details or my firm's details over the messaging service as it's in breach of the Just Answer Expert Agreement.
Customer: replied 18 days ago.
where would you suggest I head with the one. I just want it sorted and dealt with in the easiest way possible.
Customer: replied 18 days ago.
With the least drama for my children.
Customer: replied 18 days ago.
I appreciate the limitations of being able to give your personal details. I guess this isn't going to resolve the issue through here though as I cannot actually do anything solid. Its just question based.
Customer: replied 18 days ago.
I need a solicitor who can actually action something and make contact with my ex wife to try and resolve this sensibly.
Expert:  JeremyT1020 replied 18 days ago.
Hello again. You'll definitely need a solicitor to help action this. Can I suggest you find a solicitor who specialises in Child Law. I'm a member of Resolution. They're an organisation committed to settling disputes between couples as amicably and cost-effectively as possible.You cam find details here:
Customer: replied 18 days ago.
Thank you so much for that.
Expert:  JeremyT1020 replied 18 days ago.
My pleasure. Would you like me to clarify anything?
Customer: replied 18 days ago.
I'm not able to get chat this evening. But maybe tomorrow evening. I am just looking at the resolution link. Hopefully I'll be able to find what I'm looking for.
Customer: replied 17 days ago.
Thanks for all your help Jeremy. Unfortunately I didn't find what I was looking for online as I'd hoped.
Expert:  JeremyT1020 replied 16 days ago.
Hello again.  I'm sorry to hear you didn't find what you were looking for on here.  I'm afraid that this is one of the limitations we face as experts on Just Answer - we're not a law firm and no solicitor-client relationship is formed so the type of work we can do is limited to Q&As.  I do hope you are able to find a solicitor who can represent you on this matter as it's vitally important you re-establish contact with your son as soon as possible.

In the meantime, thank you for your question and for using Just Answer.

Kind regards


Customer: replied 16 days ago.
Thank you for all your help
Expert:  JeremyT1020 replied 16 days ago.