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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 225
Experience:  LLB (Hons)
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I have a 5 year old daughter myself and her mother have

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hi there, i have a 5 year old daughter myself and her mother have arranged that every weekend i see my daughter 1 week is friday evening to sunday evening and the following week is friday evening to sat evening which i personally think is acceptable this has been going on for that past 2 years now which is fine. But now she wants me to have my daughter every weekend Friday evening to Sunday night until 20:00, i personally think this is unacceptable as she should be in bed at 19:30. can i please ask your advice
JA: What steps have you taken? Have you filed any papers in family court?
Customer: nothing at all im afraid
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: i live in fleet hampshire
JA: Anything else you want the lawyer to know before I connect you?
Customer: i do work full time, and the reason this has occured now is that her mother has accepted this job, thats abit it really

Hi, I'm Lea

Is there a court order in place already?

Is there any reason you cannot return the child at 7 pm instead?

Customer: replied 6 days ago.
hi im Luke
no there is no court order place i have not taken any further steps in this situation.her mother has decided to take a job that finished 20:00, when she knows full well i bring my daughter back to her at 18:00 bathed and ready for bed.

Would you be able to have your daughter overnight?

Customer: replied 6 days ago.
thats the thing i cant i am at work for 05:30 am

I see, well that is difficult then.

Your difficulty is going to be that if the mother takes the job and you try to return your daughter at the usual time, she won't be there if she is determined to take the job. So I am trying to think of practical solutions that you could perhaps employ - such as a grandparent or aunt or uncle perhaps being there at 6 pm to take her from you and put her to bed?

This is one of those situations where mediation probably the best thing to try if you cannot come to an agreement between yourselves. Court should be a last resort.

Customer: replied 6 days ago.
i dont think there will be a mutual agreement to be honest

If there isn't a mutual agreement then you will have to make an application to court to define the time that your daughter spends with you. Would you be prepared to do that?

If yes, you will need to try mediation first anyway, if it is unsuccessful the mediator will sign your court application form, the C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

Court action shouldn't be ta***** *****ghtly though. Are there no other family members or close friends that could assist with that two hour gap between when you have her and when mum returns home? And I appreciate on a Sunday with school the next day that your daughter should be in bed at the right time.

Customer: replied 6 days ago.
i would be prepared to do that, the only other family members she has are her mum and her sister that are local, she is 5 years old 20:00 is roughly what time she finishes so the latest will probably be 21:00 when she is in bed that is a ridiculous time for a 5 year old

Yes, it is too late with school the next day.

I would suggest that you see if mediation would work then, and take it from there.

Please remember to rate the response using the stars at the top of your page.

Customer: replied 6 days ago.
she is not willing to see mediation

You will still have to attend what is called a MIAM before you can apply to court. See the form I linked to above for more information.

Please don't forget to rate the answer so I get credited for my time. You will still be able to ask follow on questions.

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