I have an 8 year old son and currently get him 2 nights per week. This was originally agreed on separation because of the way my work is but any time I can I always want to see him more. Jack lives with his mother who I am divorced from and my name is on the birth certificate. His mother will not speak to me and I have to make arrangements through her partner which makes things a nightmare, she chose this and I think its wrong. My issue is, whenever I can have my son more, which is quite often, its an issue. She seems adamant to keep me at 2 nights, maybe worrying about getting less maintenance or whatever reason i don't know. I pay my maintenance, never refuse my son, have a safe stable home for him, he loves coming with me and there is no legal reason why I cant see my son more? I would like to know exactly what rights I have in this situation, any advice you could give me or any options I have. I have made this clear to her and don't see the point in courts etc because as far as I am aware I am entitled to more time with my son.
Without a court order, there is no way to enforce any amount of contact, so in theory she could actually reduce the amount of contact you already have. To go to court, you would first need to try mediation, so that may be your best first step any way, without initially mentioning that you are prepared to go to court to get it increased. You will also have to be prepared for the fact that if you do go to court, she may clamp down and reduce your contact in the meantime.
I would keep a diary of all current contact and any conversations, it may be useful if you do eventually go to court,
Whats interesting is what nights you are getting weekly. are they the same days and times?
This could make a difference in what contact order you walk away with from the family courts.