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[Solved] Access/contact breaches

Eminent Member Registered

So we're going to mediation and have agreed equal access and shared residency.
Looking towards the future, what happens if one of us fails to bring the kids to the other? How long is a reasonable time to wait? At what point, if one of us breaches the agreement, do you decide this is enough. I'm guessing from the past six weeks and restricted access I'm getting that my ex will not be too bothered about upsetting me and this situation will arise. Or I can imagine that if I'm late (car broken down, etc) that she won't hesitate to cause trouble.

Any of you guys have any idea?

Topic starter Posted : 03/03/2016 10:26 pm
Honorable Member Registered

Hello Paul,

I once asked a solicitor, if, due to a traffic jam, car break down etc. made you late for a change over, "what is a reasonable amount of time the other party should wait for?" The answer was see if you can make contact by 'phone to see what the holdup is and/or wait for one hour.

Posted : 04/03/2016 1:58 am

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Famed Member

Hi, I hope mediation works well for you both. Just bear in mind that any agreement made there is not legally binding.

With all the technology available today, if either party is going to be late for a handover, it would make sense to call or text and accommodate any delay. An hour would certainly be a reasonable time to wait but the best advice is try to be punctual on a regular basis and that way if either of you are late, it's less likely to cause friction.

Posted : 04/03/2016 2:15 pm
Famed Member Registered

Hi There,
I think as said, an hour would be reasonable, but backed up with a txt or call, try and see if your phone has the function for conformation of text sent and also recieved, I know mine can be set to confirm a delivery of the txt and that would help if your ex tried to say she didn;t hear from you.
But nothing beats being prepaired, so always try and be early or at least leave early enough so that any travel issues won't cause you to be late, especially for collection, at times I would sit in the car around the corner for 30-40 mins to collect my son so I knew I wouldn't be late.

Posted : 05/03/2016 10:30 am

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