My (ex)wife and I separated approx 2yrs ago and were officially divorced in May 2011. We have a son (now 4yrs old) whom I have had acess to 4 nights a week (Thur / Fri / Sat / Sun) since the time of separation, albeit on a split schedule due to my over seas work commitments. I work a 5 week away/ 5 week home schedule and therefore the 4 nights a week I have access are in fact only an average of 2 nights / week over the year. My ex wife is now trying to restrict my days of access when our son starts school this coming September to every other weeked, even though she will have 5 weeks of uninterupted access while I am away, plus the extra weekends she is now demanding. I have explained that I am happy to relinquish the odd weekend but as I am away for 6 months of the year that I still wish to have access based on our historical agreement. I would be grateful if you could provide me the basics on where I stand in regards XXXXX XXXXX my original days of access. Many Thanks, Andrew
Province/Country relating to question : UK
None so far - unable to contact my divorce lawyer at present
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.If there is no Court Order in place setting out contact arrangements then you really have to work them out between you and if you simply cannot reach an amicable satisfactory agreement then you would be entitled to apply to the Court for a Contact Order to be defined by them. The Court would consider all the circumstances, interview all relevant parties and the main consideration is what is in the best interest of the child. Legal aid is still available dependent on means assessment and it can also be dealt with through mediation services which is a cheaper option.Please remember to only rate my answer when you are fully satisfied. If you feel the need to to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
Hell F Smith,
It does not look like we will be able to settle this without involvement of the courts and therefore the main point I am looking for is whether the precedent has already been set with the previous access periods for the last 2 years and regardless of my son now attending school. If the previous periods were considered to be in the best interest of the child then surely the same still applies.
Good evening,Yes I tend to agree with you that as there has been an established pattern of contact that this would be in the child's interest as it would be wrong to disturb him or unsettle him now. However at the end of the day it would be for the Court to decide.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
30 years General Practice including Divorce & Matrimonial Property
Hi,I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.
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