Can I apply for a change in access or residence for my children?

My wife and I were divorced and I was awarded access of our two young children Gus and Sue for two days a fortnight. I pay my way but I know they have been having a bit of a struggle and my ex wife Andrea has now gone back to work, which I strongly oppose. My new partner Libby and I cannot have children and Libby would be perfectly happy to give up her job to bring up the children. How do I apply for a change in the access rights? Both Gus and Sue say they want this to happen.

I assume when you say you were awarded access to the children then you have a Contact Order in your favour. You do not say whether there is a Residence Order in your ex wife's favour. In any event in the absence of an agreement in respect of where the children should live then you can refer the matter back to Court.

However I urge you to think very carefully before doing this and to consider with your legal advisor the prospects of success of such an application.

Just because you maybe in a better financial position than your ex wife does not automatically make you the better person to care for the children. The Court has a list of factors they take into consideration when deciding applications concerning children. This is called the Welfare Checklist and you should have a look at this in the first instance before making any decisions.

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