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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1012
Experience:  LLB (Hons)
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I am involved in a child attachment order final hearing, I

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Hi I am involved in a child attachment order final hearing, I run a small business meaning I cannot care for the children on Thursday or Fridays due to clients - can a court force this on me as ex wants me too saying she wishes to work as well but currently does not work barring from home as a hairdresser?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I’m at final hearing
Assistant: 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: hertford county court
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: do t think so ..

Hi, I'm Lea and I have reviewed your query.

 

What pattern of contact do you want/already have? Have you prepared a statement for court?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 days ago.
I have week 1 Tues Wednesday overnight and Saturday 10am pickup and drop back Sunday 5pm - week 2 Wednesday overnight only. Half of holidays

Is that what you want to keep?

Customer: replied 6 days ago.
Yes
Customer: replied 6 days ago.
It been in place for few months now and children used to it and I can work

It is highly unlikely that a court will order you to have the children on days that you work, particularly when her reason for wanting you to have them is because she'd like to work but doesn't as yet. Each of you is responsible for arranging childcare when the children are in your care, so if she'd like to work, she can arrange childcare on those days - lots of parents have to do this.

 

Does that assist?

Do you need any clarification? If yes, please do ask.

 

If not, please take a moment to rate positively using the five stars at the top of your screen as that is how I am paid for assisting you today. Thank you.

Customer: replied 6 days ago.
Hi sorry I have them now. But if I say I can’t have them as I genuinely have to work as I am still paying for MH mortg and my house rent and CM and in Divo proceedings she is claiming she doesn’t work - then what will happen? Can a court order me to see them or is the onus on the M to allow the F to see the children as and when he can work commitment wise ?

The idea behind a child arrangements order is to make an order that is in the children's best interests and that gives them certainty and regular contact with the non resident parent. If the court felt that it was in their interests to spend time with you on those days then theoretically the court could make that order - but if you object to that, it is highly unlikely, as I said, that a court would make an order in those terms as it would simply set the matter up to fail.

 

You need to set out your wishes in a position statement and explain why you want the days you want and why you cannot agree to what mother wants.

 

Please remember to rate positively. Thanks.

Customer: replied 6 days ago.
Hi yes I have done this and filled with the courts, she has done the same saying she wants me to do the days I can’t - so it’s stalemate... hence why I ask how will a court decide and can they force me too, when evidence suggests my business suffered when I was u able to work Thursdays and Fridays - but she’s saying I go out drinking amongst lots of other nasty stuff about the marriage imc non mil which was dismissed based on false allegations... it’s a horrible position. Thanks

As I said, the court is highly unlikely to make an order that affects you working when the mother doesn't work.

 

 

Customer: replied 6 days ago.
Last question - my barrister is saying I won’t get a Lives With Order and is telling me to go for a Shared Custody Order... but my problem is that I do t want to ask her for anything as she won’t even give me the children’s passports so I want equal rights as I have full PR - am I wrong questioning her as I want shared lives with order ??

There is no such thing as a 'shared custody order' it would be a lives with order, but the mother would also have a lives with order (and technically you then have a 'shared lives with order'. Hope that makes sense.

 

You already have equal rights as you both have PR. You need to instruct your barrister to state that you want a shared lives with order and that you want it written into the order that the passports are handed over at least six weeks before travel. Or, if you have two or more children, that each of you gets to hold one or more of the passports and the other holds the other passports.

 

Please don't forget to rate positively as that is how I am paid for assisting you. Thank you. If you have further questions related to my response, please do ask.

Customer: replied 6 days ago.
Hi and this is my issue... I’m using g pump court chambers in London and have asked her to go for an equal ‘shared lives with order’ but she’s says I won’t get that and should go for a ‘shared care order’ - it’s all so confusing! All I want is equal rights to her on all inc taking children out of country for up to 28days without ‘consent’ as she has persistently controlled what I do with the children and will be a ongoing nightmare for years otherwise! I will rate your positive

There is no such thing as a 'shared care order' - it's a 'shared lives with order' if anything. Your barrister is better placed to comment on whether you'll get it or not than I am as she has possession of all the information.

 

Also, the court can limit that 28 day rule if it becomes an issue and neither one of you will be able to take the children without the consent of the other - as is the default position.

 

Please rate positively.

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