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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23698
Experience:  Senior Partner at Berkson Wallace
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My son and partner split 4 weeks ago. They had been together

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My son and partner split 4 weeks ago. They had been together 4 1/2 years. She has a child from a previous relationship and they have a child together who is almost 2. She asked him to go as she didn’t love him anymore. However 2 weeks later she met with an online work colleague and now wants him to stay for a week and meet the kids. My son is extremely upset at the speed she has moved on and is worried about the effect this visit will have on the kids. does he have a right to say it can’t happen so soon?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: no. He was trying to keep it amicable
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: lincolnshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as 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.

Did he leave?

and who is main carer for the children?

Stuart J and other Law Specialists are ready to help you
Customer: replied 4 days ago.
He left as she asked him to. She can is the main cater as she works from home. The eldest is at school and the youngest is at nursery 2 days a week. Her mother stays at the house 3 days a week with the youngest while she works
Customer: replied 4 days ago.
Does he have any day on who stays over with her when the children are there?
Customer: replied 4 days ago.
Any say#
Customer: replied 4 days ago.
Been holing for 30 mins

I’m sorry to have to say it but you may find that she hasn’t moved on quickly and this may have been hanging around for some time.  We may never know.

He can obviously say what he likes and he can actually apply to court for a court order called a Specific Issue Order to prevent the child being introduced to a new partner until such time as the relationship is proven to be more stable.

Obviously, he cannot do anything about the stepchild but an application to court for an injunction to prevent this new person being introduced immediately is something which can be done and although not that common, is not unknown.

It’s a case of putting forward to the court, a reason why he thinks that this is going to have an adverse effect on the child.

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,

2              A Residence Order to determine who the child lives with,

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.  However because there is some urgency here there would be no need for mediation

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

Customer: replied 4 days ago.
Thank you for that. As I have not received a phone call, will this be credited back to me?

I’m happy to call you if you still want a telephone call but I would need to get the telephone number from customer services because it appears that some other expert has agreed to make the call but not yet made it.  Please let me know.

Customer: replied 4 days ago.
You have clarified the position. I don’t need the phone call but would like the £44 refunded if possible.

I will refer that to customer services for you.

Customer: replied 4 days ago.
Thank you. Just looked at specific issue order and it can take 6 to 8 weeks to get a family court date. She wants the other man to stay from next Thursday!!!!

Because this is urgent, you can attach a Certificate of Urgency (a letter headed as such) explaining the circumstances and asking for this to be put in front of a judge at the earliest opportunity.

Depending on the nature of the application and the court loading, you could get an interim order within 24/48-hours.

It is better if emergency applications are handed in at the court office rather than sent in the post.

Customer: replied 4 days ago.
download form , take to court, pay fee and include cert?

Spot on

Customer: replied 4 days ago.
Thanks again

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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