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TOPIC: well its finally over...for now

well its finally over...for now 1 year 2 months ago #91703

  • mavic
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well i had my final hearing finally...

Me and ex had been seeing each other quite a bit at handovers previously to the final hearing and we was sitting outside the court together talking before we went in

She agreed to my pr...that was granted by the court

I have every wednesday and saturday all day

My son has his 1st overnight next week for 1 night, then i have 2 seperate nights in june as social worker and magistrate agreed it needs to happen slowly

Then from july he can can 1 night on alternating weeks, then end of august he will be staying all weekend on alternating weekends

I will be having him christmas eve till christmas day 4pm on even years so starts this year

There was no holiday time granted for this year as they said he is too young (3 in july)

Any school holiday contact has to be agreed between me and mum which im not that happy about as i know how difficult she can be sometimes

So for the time being everything should be ok but i think it will need to go back to court for a variation to sort midweek contact when he starts nursery and school and also holiday time to be split.

Ive tried to discuss summer holidays with mum over last week but i keep getting the "im too busy to sort that at the moment" treatment so maybe i should just apply now for the variation as i dont feel the magistrate has made the order as defined as it should be when it has been proven many times there has been conflict at times between me and the ex about contact

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well its finally over...for now 1 year 2 months ago #91704

  • Mojo
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I would wait before making another application to be honest. Once she sees overnights going well she may just realise that it's what's best for your child.

It's good that you're getting along with the mother, hopefully that will improve further. All the best.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

well its finally over...for now 1 year 2 months ago #91705

Hi There,

I agree with Mojo, going back to court for a variation order so soon, isn't the best idea, see how things go and when things start to settle if she still won't agree then you could look at going back.

Judges don't usually like it if applications are made to go back almost straight after an order has been made, especially when they have ordered that extra time and holidays should be agreed between the two of you, they would like to see that tried first.

on a side note, I 100% agree that having "additional time and holidays to be agreed" is a silly thing for a judge to put into an order, if you were able to agree on when you would see your child/children then you wouldn't be in the court room in the first place.

GTTS

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well its finally over...for now 1 year 2 months ago #91711

  • mavic
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hey, sadly it was not a judge that made the order...it was a magistrate and there was only 2 of them which was weird because ive always had 3

mother has become extremely hostile when i made a calendar asking for days through next half term and summer holidays

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well its finally over...for now 1 year 2 months ago #91799

Hi There,

I would still wait for now, keep documented evidence of everything that happens, so that you have everything you need should things not settle and you need to return.

GTTS

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