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Contact arrangements - what would court do?

  • PunchBag
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31 Dec 14 #452555 by PunchBag
Topic started by PunchBag
I''ve been divorced for 2 years. Irreconcilable differences. He is the NRP. Contact is mandated by court order to be alternate weekends and one day in the week in between

However he now has a new partner (1 year or so) whose son is the same age as ours. She has an alternating weekend schedule with her ex-husband and my ex has been keen to have a similar schedule so our son and his "step" son can maintain contact. This has been the case for some time and we''ve swapped weekends around holidays to maintain this

I think it''s unfair to make me stick to a regimented schedule but he says it is in the best interest of our son, who has grown quite close to his new partner and her son
He now says if we cannot agree a base pattern of strict alternating weekends he will go to court.
Would Court make an Order to this effect? We had negotiated swapping weekends and I don''t see why the underlying pattern has to be to his style

  • WYSPECIAL
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31 Dec 14 #452557 by WYSPECIAL
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If there is already a court order stating alternate weekends who is looking to change what?

Is your ex looking to get a court order changed or enforced?

  • MrsMathsisfun
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01 Jan 15 #452570 by MrsMathsisfun
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My husband has had this issue with his ex. He has contact every other weekend, he requested that he alternates each year so that he doesnt have the children exactly the same weekends each year his ex just couldn''t see beyond him wanting things his way. It was actually so his children didnt miss the same events and family commitments every year but alternate years they would be involved. He nearly went t to court but decided that this would be determential to the children. Nothing changed and the children continue to miss out because his ex wont change the routine.

You need to consider who would benefit from the change and what real difference it makes to you.

  • PunchBag
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02 Jan 15 #452618 by PunchBag
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Thanks MsMathsisfun, I am coming round to that way of thinking

I do still think it is unfair that he gets his way, but the broader picture is that weekends naturally move across the month year on year, and that having a strict pattern changed by exception rather than as a rule has benefits as I can plan further ahead (weekends away, our son doesn''t ask "when am I with Dad next", etc)

I guess I am still curious what a Court would do though - is it a case of "As you can''t seem to agree, you will adhere to a strict alternating schedule. Now go away" which ostensibly reduces the number of things that could be argued on?

  • WYSPECIAL
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02 Jan 15 #452620 by WYSPECIAL
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Hard to guess how a court will see it as it depends on the individual judge on the day but they don''t really like making contact orders and expect parents, especially as time progresses, to make their own arrangements.

If someone went to court over what you are describing, wanting to make changes so they fit in with important family dates, then chances are they would side with them as being involved in the events would be in the best interests of the children.

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