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Hi there,
Firstly I would like to say this is a good site.
I was wondering if anyone has any advice please. I have a son with my ex wife and there is a court order in place for contact for every weekend with alternative sleepovers. She agreed the dining room would be converted in a bedroom for him which is what we have done.
However she has now decided that she doesnt want him sleeping over no longer due to the fact he doesnt go to bed at 6.30pm (he is 8) on a Friday or Saturday night.
She now also wants him to have a bedroom upstairs which isnt possible due to the fact my 15yr old daughter has one bedroom (ex wife said they cant share) and I have the other (again he aint allowed on the sofa bed in my room she said)
We are due to take a family holiday in a caravan 28th May for a week but she is happy for him to come on that and is quite adamant he is to come.
My new g/f isnt happy with this at the moment and thinks I am silly for taking him and bowing down to what she wants but I dont want my son to hate me.
Can someone please advise if she just able to write to the courts and say she is stopping sleepovers on the order?
Many thanks in advance.
Hi,
No, she can't simply write to the court and disregard the contact order (that's contempt of court) - she would have to apply to the court for a variation and then there would be at least one hearing. If she does apply for a varation, then she could possibly argue that contact be suspended until this is resolved, but on the basis of what you have said, I'd say it's quite weak. She also cannot demand where your son sleeps, as long as it is suitable for the purpose and gives him a degree of privacy. I agree with your ex that he cannot share with your 15 year old daughter, I don't think it would be appropriate for him or fair on her.
To be honest, I think the 'problem' may be that you have a new girlfriend - your ex is trying to exert some control in a situation where she doesn't have any at present, and there may be some resentment that you are getting on with your life. Really, you need to see if you can sort it out amicably without having to go to court to enforce the contact order.
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