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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1382
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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A father has left his marital home of a wife and 8 and 10 year

Customer Question

A father has left his marital home of a wife and 8 and 10 year biological sons and has very recently independently produced a child with, as yet, a single woman who's identity is being withheld, other than her possible Nick name. The wife is allowing regular contact with their father on the condition that it is with him alone. However, he has encouraged his sons to meet his new partner (so far rejected by them) and shown also shown them the home being prepared as the new second family habitat which includes 'their bedroom'. The co-respondent has also left a note for the boys attempting to befriend them. This activity has bewildered and unsettled them and in their naivity have asked their father if he could return home. The net result is that they are receiving professional counselling. I am their grandfather and my question is what would the Family Court's view likely to be if the father applied for contact to include weekend residence in the situation described above?
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - when was the separation?- is there a regular routine for the boys to spend time with their father now?- are there any other concerns in respect of the father? Kind Regards Caroline
Customer: replied 2 years ago.
- the separation took place permanently 5-6 moths ago and a petition for divorce is about to be issued by the wife
- there is no formally agreed routine but daytime and overnight stays have been permitted at the father's rented accommodation.
- there are some concerns as to the father's financial management but as yet this has not manifested itself in real terms
Customer: replied 2 years ago.
The contact has always been with their father alone, although as you can see steps are being made to change this and it's the children's balance of mind that troubles me. School work has been affected and their teachers have noticed a decline in their output and personality traits
Customer: replied 2 years ago.
You might have received a query from Pay Pal referring to your fee payment and your request for an alternative email address to one given but I trust this is now sorted
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Thank you for your responses. It is the position of the courts that the children are entitled a good relationship with both of their parents as there as there are no child protection concerns - which you have not stated. The court would not consider who left who in the marriage - they would expect both parents to co-parent and to put their children's needs above their own. The court expects both parents to promote a relationship with the other parent. I do agree that with a recent separation that it should be the father spending time with the boys - it will reassure them that they are loved and wanted. In reality, the courts do realise that separated parents can go on and have other partners and children. A court would consider that it is important that children get to know and spend time with their half siblings. If the father was to apply to court, if the time he spent with the boys couldn't be agreed, then the court would consider what would be in the boys best interest. They would consider any issues in respect of the boys education. In real terms, if this was in court tomorrow - the court would likely make a progressive order to help promote the relationship with their father whilst keeping this is line with a pace that is acceptable to the boys. At 8 ad 10 - the court would expect the parents to be making decisions for the boys but they would give some regard to their wishes and feelings in light of their age and understanding. The court would not likely restrict his partner from coming in contact with the boys as long as she is not deemed a risk to them. Before the father could apply to court - he would have to refer the matter to family mediation first. Mediation is a good way of assisting the parents in agreeing a plan. Your daughter could consider referring to mediation now. There are lots of mediation services and there will be one local to them. Just google family mediation in their area and give them a call to get the ball rolling. Sorry - I don't have any administrative functions - you can call customer service is you have any paypal queries. Please do not hesitate to ask if I can assist you further or clarify anything for you. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Expert:  ukfamilysolicitor replied 2 years ago.
** typo It is the position of the courts that the children are entitled a good relationship with both of their parents as LONG as there are no child protection concerns
Customer: replied 2 years ago.
Thank you, ***** ***** aware that the father is deemed to be an important and equal part of a child's upbringing in or out of the marital relationship but that is not my concern here. It is that the children have demonstrated their worries and bewilderment through verbal and text communication with their father of their wishes not to be adsorbed into the new relationship. However, from what I am gleaning here is that my specific concern about the children's deteriorating state of mind would not be really part of the Court's legal capacity or concern.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello The concerns should be raised and the court would likely order that investigation is made into the concerns. They might ask for school reports / gp report and they may also ask a children and families officer to undertake a welfare report to include the childrens wishes and feelings. All that being said, from my experience, unless the concerns are significant, they would still expect that contact be promoted. It is understood that break ups are difficult and the boys are bound to have allegiance to their mother as she is their main care giver. The courts would likely a progressive order to increase over time so that the boys are able to be introduced to the fathers new partner and their half sibling. The court will take into account the boys wishes and feelings and their emotional needs when making such an order so that the boys are able to settle. Taking this approach should also help them settle at school aswell. Please do not hesitate to ask if I can help you further. Kind Regards Caroline