Hi
Me and my partner split up just over a year ago and I moved into a rented 2 bedroom house and my son (9 year old ) came to stay every other weekend but anyway the rent was killing me so I’ve moved into a 1 bedroom house. My son stayed last weekend and I slept on the sofa. Any way long story short her solicitor has now said it’s unacceptable that my son doesn’t have his own room and over night visit will now stop? Can you do this? I’ve never been abusive ect to either. Any help or advice please
Hi there
I don’t think it’s unreasonable for your son to take over your bedroom once a fortnight to be honest, and I doubt that a court would see it as a problem either.
Without a court order in place she can do more or less what she likes...Do you have a court order in place for contact? If so, by stopping contact she would be in breach and you can apply for an enforcement of the order.
If you don’t have an order, your first step would be to attempt mediation to try and get this resolved, if that failed the mediator would sign off the form to enable you to make an application for a Child Arrangements Order.
In the meantime, you can write to her solicitor and state that you have taken advice and the fact that your son has exclusive use of a comfortable bedroom when he stays, is entirely reasonable and stopping overnights isn’t in his best interests.
If there’s an order you can remind the solicitor that suspending overnights constitutes a breach and if agreement can’t be reached on this matter you will have no alternative but to apply for enforcement,which is something that you would like to avoid.
Hi There,
I agree with Mojo, I can't see an issue with your child using your room, when he stays, and again I don't think a judge would either.
As already said send a letter back explaining that after taking advice you don't agree and that the over nights should re start as soon as possible.
If needed you will attend court and go through mediation before hand.
GTTS