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Hi
I am seeking advice about a recent change to my situation.
I currently have a contact order which has been successfully in place since May 2010 after my ex stopped me trying to see me son for no real reason. My ex and I have had a very good relationship on the whole since then.
She has suddenly announced this week that she doesn't think it will be good for our son when he starts school next week to continue staying with me during the week. He currently resides with me 1 or 2 nights mid week (alongside a weekend arrangement) alternating weeks, whilst I agree in part that picking him up at 6pm and taking him on the 20 min journey to mine and back to school is not practical I think it is reasonable to continue as normal on my day off which is consistent since the court order I am able to pick him up from school and take him to school the next morning thus his normal routine since he was 18 months old.
I work in retail which is not ideal as she wants to change our current arrangements for me to have him alternate weekends which as much as I would love to I just can't currently and for the last 3.5 years we have worked a 4 week rolling weekend which has worked brilliantly she has now decided she wants a life again and wants to be able to go out on a friday night, I have offered to babysit or even look at amending the current contact order slightly to suit this request of hers but she is not budging on me having contact during the week?
Where do I stand legally? Will she be in contempt of court if she changes our current court order arrangement without my agreement?
Its really upsetting me i have suggested mediation again but just wanted to understand where I stand before we end up down that route.
Any help appreciated
Thanks
If she breaks the order she is technically in contempt of court. You would be able to enforce the order and given that the routine has been in place for over two years, I would say that she would have to come up with a better argument for a variation to that order.
Let her know that if she's not prepared to entertain mediation, she'll leave you with no choice other than to have the order enforced and this may leave her liable to court imposed penalties.
Hi there,
As the order has been in place for some time then I would imagine that the court would be enforced that said she could apply for a change to the order due to schooling.
I know how you feel working in retail, I worked in retail for 8 years and working weekends is a nightmare when your trying to see your child as well.
Hope you manage to get it sorted.
Darren
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