Legal Question in Family Law in United Kingdom

Re-arranging child access

I split from my wife 4 years ago, leaving behind 2 sons. When I left, we mutually/verbally agreed the days I would have my sons stay with me. Over the last 2 years I have asked if some nights could be changed but I was always refused. I was diagnosed with Depression in 2001 and have been unable to work, as a result I am on long term Incapacity Benefit and have been unable to pay any maintenance. However, I have always provided new clothes, shoes, help with uniforms and regular weekends with me. My times have been fri and sun nights every week and 1 full weekend a month (fri-mon.) What are my rights with regards to changing these times? I asked for 1 usual weekend (fri and sun night),2 full weekends(fri-mon)and 1 weekend off. The times have been agreed except for my weekend off when she demands that I still have them on the Sunday night of my weekend off? What can I do? I have no money to fight her (or get a divorce). When i eventually return to work full time the access times would need to change again but she flatly refuses to discuss this. HELP PLEASE!!


Asked on 11/15/05, 10:42 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: Re-arranging child access

An absent parent's contact with children always works best when the arrangements are mutually agreed between both parents. However when this is not possible, the court can be asked to define contact and make orders as to when it should take place. It is therefore possible for you to apply to the court for a defined contact order.This need not be expensive if yo are able to carry out most of the work yourself. We provide a kit to assist at a nominal price. One problem however is the rigidity of such an order which does not allow for flexibility such as changes when you return to work.

Your position does seem unsatisfactory in that your marriage is clearly over and it may well be best for it to be dissolved by way of divorce now and at the same time deal with issues concerning your sons and any outstanding financial matters. Again divorce need not be expensive and we are able to assist by way of a DIY kit.

Please feel free to contact us should you wish to have further information or discuss matters on the telephone

Andrew Dutton

Legal Zone

[email protected]

www.legal-zone

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Answered on 11/16/05, 5:28 am


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