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TOPIC: Access...

Access... 4 weeks 11 hours ago #95702

  • jamboa
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Hi Guys,

Recently split with my ex wife-im used to seeing my son at least 3 times a week,i get plenty of time offon week end and during week as I work continental shifts.

She has now put in place I can only have him overnight every other week,i can see him during week but not overnight.....I live about 5 mile away from my ex and my sons school....my son is 8 years old....I don't feel 2/14 nights at mine is fair!

This isn't enough for me,i would love for him to stay over at mine during week,but I have to have him home around 7pm on school night-she says he needs routine ( of course he does) but I feel as though im the one losing out on not being with my son

*Would I have much chance of having him staying over during week to stay over on my rest days?
*How do I go about this,as its non negotiable with the Ex......cheers in advance

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Last Edit: by jamboa. Reason: spelling

Access... 4 weeks 7 hours ago #95703

Hi There,

Although there is no set out schedule, every other weekend is accepted as a minimum agreement, the fact that you were having midweek stays will go in your favour though if you were to go to court.

If you went through court you would firstly need to attend mediation with your ex, if she wouldn't attend or you couldn't agree then the mediator would sign your court forms.

There is no guarantee that a judge would rule in your favour though it would depend on the judge you get on the day, they may agree that for routine her suggestion is better


GTTS

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Access... 4 weeks 5 hours ago #95706

  • Yoda
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I would suggest that you try mediation. Even if you wanted to apply to court, it's mandatory to have attempted mediation first.

If she refuses to attend or attends but won't agree, the mediator can stamp the form that allows you to make a court application.

Nobody can predict what an individual judge would decide but midweek overnight stays are very common, especially if they were previously in place (that would go in your favour)

Best of luck

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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