Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
wanting to spend time alone with my boy
#1
Hi I split with my wife in March we have 2 young children a boy of 3 and a girl of 7 months. I'd like access to my children without her having to be present. Now I appreciate that due to feeding I cannot take my daughter away but she is refusing to give me access to my boy. I want to be able to take him to the park for a couple of hours but she flatly refused to let me take him. Im under the impression that legally she has no right to do that but what are my options ? Thanks
Reply
#2
(07-24-2017, 02:10 PM)lmg110 Wrote: Hi I split with my wife in March we have 2 young children a boy of 3 and a girl of 7 months. I'd like access to my children without her having to be present. Now I appreciate that due to feeding I cannot take my daughter away but she is refusing to give me access to my boy. I want to be able to take him to the park for a couple of hours but she flatly refused to let me take him. Im under the impression that legally she has no right to do that but what are my options ? Thanks

If you was married to your ex on the day of birth, or you signed the birth certificate, you have PR what puts on on the same legal standing as her, until a Child Arrangements Order is made.

You do have the right to contact without her being present, and if she will not agree to it, then in this case the law requiers you to seek Mediation.

To go to Court you need either
a, Her to no show
b, The Mediator to declair "Deadlock"
c, A Mediation Agreement to be done, and not followed.

Until 2, you would get 4-6 hours a week, what might be over 1 or 2 days.  From 2, unless Medical Evidance says otherwise, breastfeeding as a reason for no long periods of contact is not valid.

From 2 the very min would be along the lines of Friday till Sunday, every 2 weeks and up to half school holidays.

My suggestion is
week 1. You have the 3 year old for the weekend, and pick up the other child Saturday and Sunday for 2-3 hours)
week 2, have the 7 month old for 2-3 hours. It would be best if it was afterschool, so you could have the other child also.

In a CMS case, "Staying" contact creates a reducation.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
Hi,

What reasons does she bring forward for not allowing unsupervised contact?

F.
Reply
#4
She's not given any reasons of any substance because aside from leaving her there are no rational reasons why I can't see my children without her. The two reasons she's given are that until I've proven access will be regular (yet she's the one that always had plans on days I tried to see them yet never offered an alternative time) and that they come as a package which I get but due to her breast feeding I don't want to disrupt that and spoil that for my daughter.
The hard part is that with them living with her she holds the cards and she knows that.
Reply
#5
(07-25-2017, 08:21 AM)lmg110 Wrote: She's not given any reasons of any substance because aside from leaving her there are no rational reasons why I can't see my children without her. The two reasons she's given are that until I've proven access will be regular (yet she's the one that always had plans on days I tried to see them yet never offered an alternative time) and that they come as a package which I get but due to her breast feeding I don't want to disrupt that and spoil that for my daughter.
The hard part is that with them living with her she holds the cards and she knows that.

In law they do not come as a package. Because you can not have the 7 month old overnight, you get weekly contact, but she still has the right to a weekend without it if she want, so every other week has to be mid week.

Her prefered days and times have no legal bearing on your contact. its down to your avalialbity, and if you are asking for half the quality time or less.
With mid week contact for over 2 year olds, you need to show that the arrangements will not cause disruption to schooling. Again its on your avalialbity, as to if it should be a visit, or even overnight.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#6
Thank you for your help
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Trying to get more time to spend with my son. mality 0 2,427 08-16-2016, 04:50 AM
Last Post: mality
  EX Wanting to Move Abroad KILIMAN1968 14 20,317 06-14-2016, 06:14 AM
Last Post: KILIMAN1968



Users browsing this thread: 1 Guest(s)