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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 26472
Experience:  Senior Partner at Berkson Wallace
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I need a letter written up to my ex for child arrangements,

Customer Question

I need a letter written up to my ex for child arrangements
JA: Who currently has legal custody?
Customer: I do
JA: Is there a child custody order in place?
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: We haven't had anything in place before but I would like to cut all conversations with him so would like a letter drawn up stating days and times etc
Submitted: 15 days ago.
Category: Family Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 15 days ago.

How old is the child and what arrangements would you like to have please?

Customer: replied 15 days ago.
I have two children aged 10 and 7. We have an arrangement now of every other weekend. Friday ( Collects from school) to Sunday drops home by 8.30pm. The weekend their Dad doesn't see them he picks them up from school on a Monday and drops home by 8.30pm. The weekend he does see them he collects from school Wed/Thurs and drop home by 8.30pm.
Customer: replied 15 days ago.
I just need this put into a letter. Please can you confirm how much I would need to pay? I would also like that there is no correspondence over messages or phone calls unless there is a problem with the children
Expert:  Stuart J replied 15 days ago.

We can give you the wording of the letter but it would be the wording for you to send not on solicitors letter head.

You want on solicitors letter head you would need to find a local solicitor.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

I would suggest that for now, you save your money and just put in simple straightforward terms what you propose and tell him that’s what’s going to happen. If he doesn’t like that, then he can apply for a Child Arrangement Order.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

https://www.gov.uk/looking-after-children-divorce

The different types of Child Arrangement order are:

1 A Contact Order which specifies when parent sees a child, it is no longer called "access".

2 A Residence Order to determine who the child lives with, it is no longer called "custody"

3 A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country. Particularly relevant if there is a chance that the parent would go to another country and never return. The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move. Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available. It’s often therefore worth seeing a solicitor.

4 A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country. . The parent wishing to move would have to prove why it’s not in the best interest of the child to move.. Friends, support, school et cetera et cetera all taken into account. It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first. So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court. That doesn't apply however if something is required in an emergency such as a Prohibited Steps Order.

Alternatively, there is nothing to stop you starting that process now DIY because it’s not rocket science. It’s just a case of filling forms in.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart