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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28297
Experience:  25 years experience of all aspects of family law
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I have had my children (now 3 and 7) every other weekend, the

Resolved Question:

I have had my children (now 3 and 7) every other weekend, the exact same weekends. It has never change once in all this time in 2 1/2 years. Now my ex-wife has met a new guy with children and has said she is swapping soon as it doesn’t suit them as her new boyfriend has his children on my weekend with the boys, and I have no choice!

As i have them routinely every other week, I book all my other activities (holidays and nights and weekends away) when i don’t have them. And I have things planned until Xmas, and this will cost me a fortune to cancel, or I risk not seeing my children.

she has also during the 2 1/2 years stopped meeting me half way, so i have to do a big round trip now.

Can she do this? we both have equal parenting rights as there is no court order. I have always paid csa on time and have always bent over backwards.

I want to say no to this but what are my rights? as she will try to stop me seeing my children, as she says they live with her full time she can do what she wants.

Any help greatly needed.

Many thanks

Matt
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question I shall do my best to assist you
Your ex is not correct - the fact that the children live with her does not give her the final say over contact at all.
It is expected that parents will agree contact - using Family mediation if necessary (www.familymediationhelpline.co.uk) but if they do not agree then the court will intervene
You have offered a very sensible compromise to the problem and you may need to go to court to resolve the issue - although it is to be hoped that this does not prove necessary
You can find information on this website
http://theparentconnection.org.uk/
and if a court application is necessary you can find the form you need here
http://www..com/CourtForms/C100.pdf
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 1 year ago.


Thank you,


 


I really just want something to go back to her with.


 


I want to be able to say, sorry its been this way for 2 1/2 years and you have NO legal right to swap weekends to suit your love life. I will however accomodate you from Jan 2014 onwards if you still wish?


 


Can i do this, does she have to give me notice of x months?

Expert:  Clare replied 1 year ago.
Hi
Yes you can say that (but please swap "convenience" for "love life")
You BOTH have to agree to changes - it is not a matter of her giving notice
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28297
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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