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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1012
Experience:  LLB (Hons)
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Can I take my ex to court to request she meets me to

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Can I take my ex to court to request she meets me to facilitate long distance child visitation?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Yes I have submitted a court application
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: Yes, Preston Family court
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you

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

 

Who moved away? Are there any court orders already in place?

 

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.
Neither, it’s a bit more complex. Ultimately, we were both serving in the military. Whilst pregnant, the resident parent decided she would take redundancy and end her service and resettled in Preston. I have remained in service and as such I am subject to being posted all around the country. A family agreement was agreed whereby if I got a service house, then the resident parent would meet me half way to facilitate visitation. Since acquiring the house and furnishing it, they have stated they are under no legal obligation and as such, will not meet me.
Customer: replied 6 days ago.
Additionally, I have no connection to Preston. I am from Newcastle, do not have any family in Preston or any accommodation, therefore I do not have the resources in Preston to facilitate regular visitation
Customer: replied 6 days ago.
Sorry, there are no court orders in place

Do you have the agreement re travel in writing? Or have witnesses to the agreement?

 

 

 

 

Customer: replied 6 days ago.
I have multiple messages which in principle acknowledge the agreement, for example; I proposed dates of his first visit to my new home and resident parent responded “can’t do this weekend, but will do last weekend of September as a start off”.... In further messages I have mentioned the agreement and not once have they contested what I’m saying. I tried to resolve this in mediation however the resident parent refused to cooperate

If you have good evidence that this was the agreement it is very likely that the court will expect both parents to share the travel to handover the children.

 

You need to set out the information in your position statement when you go to court and provide halfway points for the handovers to occur - and an alternative in the event that one or other of you cannot travel that far (e.g. if unwell), such as the use of public transport or a trusted friend or relative. Putting things clearly in writing shows the court that you have considered the matter carefully and have alternatives available to you. What the court will order, however, always lies in what is in the best interests of the children.

 

Does that assist?

SASH_Law and other Law Specialists are ready to help you
Customer: replied 6 days ago.
That is all for now, thank you

You're welcome.

 

I hope that it goes well for you.

 

All the best.