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Final hearing next ...
 
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[Solved] Final hearing next month and realisitc outcome


Posts: 181
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(@Ivan Dobski)
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Joined: 13 years ago

Guys,
I currently have my final hearing in just over a month and starting to get things in order for it. I currently live 200 miles away from the Ex I am going to suggest at the final hearing that the Ex meets me half way as we had previously agreed I would like my daughter to visit me every two weeks the journey should take just under 3hrs my daughter is 7yrs old and is champing at the bit to visit as the contact has gone excellent.

I have asked that my daughter has a holiday during the Oct half term already the ex has stated that she can visit for a few days at the beginning of the holiday I have responded that I want her for a period of at least 5 days so she can settle in and get to meet her extended family and do some stuff with her.

I had asked for her during the summer holidays but ex told a lie saying she'd never been away from home for a period of time without her in the past turns out she;'s been on holiday last year with her friend and her parents she also had the same again this summer yet I've had to settle for extended visits for the day. Do i raise this at the hearing?

I know the ex will not agree to the bi-weekly visits as they are trying to limit the contact I have with my daugter. I have also noticed that the Ex's partner is being akward during hand overs I have raised this before with their solicotor but his attitude does not seem to have improved. DO I also rasie this or is it muck racking?

I am going to ask for bi-weekly visits to my home a week during Christmas and 2 weeks during the summer holidays plus a week at easter/May

I don't think this an un-reasonable request so over to you what do you think?

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(@Missie)
Joined: 12 years ago

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Posts: 12

I don't think that is unreasonable contact - Especially as your daughter wants to.

As far as her meeting you half way, I think that depends on the judge to be honest - I've known cases where it's depended on who was the one who moved away - For example, With my brother, He moved 2 hours away from his ex so it was accepted that it was unreasonable for him to expect his ex to do the travelling to accomodate for his decision to move so far away.

You might have to be prepared to do the whole journey yourself, But the amount of contact seems perfectly reasonable to me.

As far as her partner causing problems at handover it depends what it is really - There isn't much point going in saying 'i don't like his tone/attitude' but if he is being obstructive or threatening then it is definitely worth bringing up as the judge may decide it's best for him not to be involved in hand over.

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

I have already highlighted to the judge I had to move for work reasons and at the time to allow the Ex to move back into the family home until such times as it was sold although she didnt do this she has confirmed this was agreed in her statement at court.

The judge is well aware of the distance between us and I explained at the last hearing if I have to drive down collect/take her back it's an 800 mile round trip for me and I could not afford this nor is it resonable for me to be expected to take on this journey he did agree about this although nothing is on the paperwork since sent out. Nor did the Ex raise any objections at the time.

The partner turns up late just tells her to get her things and lets go and I get eyeballed doesnt tell my daughter to say thankyou for her day or give her a chance to say cheerio etc. When the handover is with the Ex it is actually pretty amciable and there is no issues. I am concerned that my daughter will pick up on this as more time goes by,

They deffinetly dont want me to have the contact as they have tried everything in the past to prevent it. Ranging from moving and not telling me the new address, Withholding her birthday/xmas presents. not telling her about me.

They have another child who is 4/5 and because of this my daughter can't mention me by name in the house only by intials also as they haven't told this child the situation I suspect they are going to use this as an excuse to limit the contact as apperently he's too young to understand which I think will just store up problems in the future.

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(@Missie)
Joined: 12 years ago

Active Member
Posts: 12

If the ex is agreeing to do half the travelling then they'll accept that then - It's only when there is a dispute that a judge might make a ruling on that.

TBH Regarding her partner, i would leave that out. It's more about his attitude and manner which could be seen as being petty.

However, I would be mentioning that last bit if you know that for a fact as that is absolutely ridiculous of them to do. And they won't be able to use that to stop/limit you having contact either. A 4/5 year old is perfectly capable of understanding the situation - My 4 year old understands that her daddy is not my sons Daddy. No need to avoid the fact.

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

Yes, I know this as fact! Daughter has told me on numerious occasions Ex wife has said the "code word" to my daughter when I've been present even the fathers day card I got from her said step dad on it. We rasied it with her solicitor the last time around and she seemed shocked. Thought she might have advised against it but it's still going on. Guess I will raise this to the judge as she cant even have the pictures out that I've sent her down.

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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

I think handovers either are working or not working.....this is the way the courts see it. Noone wants to know about who did what

Did you mean 1 weekend every 2 weeks or 1 week every two weeks? Weekend is more than reasonable and not disruptive to her life so I cannot see why it would be an issue.

Christmas might be an issue twice weekly.

I wonder whether you consider to go 50-50 on holidays and let her barter you down........

BW

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

I would like her up here for the weekend every 2 weeks as I'm currently seeing her with this pattern just now. Interesting about the holiday would need to be careful though that I don't overstretch myself holiday wise

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(@boycieuk)
Joined: 12 years ago

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Posts: 555

The only thing that struck me expecting the little one to come twice weekly over christmas. Your other requests are not unreasonable and pretty decent. This is why I have suggested asking for 50-50. She may then think she has done well getting 2/3rds vs 1/3. 1/3rd of a 6 week holiday equates to 2 weeks 🙂 3 weeks over easter is 1 week and 3 weeks over Xmas is 1 week. May the force be with you 🙂

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

I'm not expecting her tweice weekly over the Xmas holidays just one week out of the two

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(@boycieuk)
Joined: 12 years ago

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Posts: 555

I was speed reading lol, I tend to undersample every 3rd word.....

Your request then should be the least you should get - however, bear in mind that compromise might be required on both parties, if yhou set the bar slightly higher to begin with you may have a better shout.

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

Yeah good thinking I'm currently having contact every two weeks for 5hrs but got to drive to near where she lives for the hand over so about time it was evened out.

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