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Child split and court

  • Leyla Smith
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27 Mar 18 #500484 by Leyla Smith
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Hi there,

My ex wants the split for our child to be different as of September and threatening me that he will go to the court so the court can decide.

We mutually agreed to get divorced and the child arrangement it’s done between us.

Out son it’s with mum (me) from Monday to Friday and weekend with him.He (the father wants to have him more) however I think that we should stick to this routine.

I am the resident parent but I am wondering If we go to court what the split will be?

Will I lose if that happen?

Many thanks
Regards
Leyla

  • Bubblegum11
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28 Mar 18 #500486 by Bubblegum11
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Hi Leyla,
How old is the child?
What are your reasons for not letting your ex see your child more?
What kind of contact/shared care does he propose?
Are you both living in the same neighbourhood?

  • Leyla Smith
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28 Mar 18 #500487 by Leyla Smith
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Hi there,

My son it’s 5 years old, I personally think that it is enough as I do t won’t to mess his routine that he currently have.

His proposed to have our son on a weekly basis (one week with him one with me) ...however I don’t think that’s good as any normal (court split) it’s probably every other weekend plus maybe one day during the week...so having the spilt like this (Monday to Friday with me)and weekends with him it’s the maximum I think he should get.

We do live in the same nekbourhood but he is married now and have another child...

What will be a good spit in your opinion please?

Thank yor
Regards
Leyla

  • Clawed
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28 Mar 18 #500488 by Clawed
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From what I've seen happen with my daughters friends I think 50/50 is becoming much more common when it is practical.

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28 Mar 18 #500491 by Bubblegum11
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Hi Leyla,

I'm afraid it's not as simple as saying what is normal. The Court would consider first and foremost what is in the child's best interest. It's not about how much you or your ex want to see your son but more so a case of what kind of arrangements would be best for your son. The only reason you have given for not wanting more equal shared care is the change and disruption in routine for the child. But on balance he would get equal quality time with both parents.

I think you need to consider if there are any other factors i.e.;

Does the child enjoy his weekends with dad and his family?

Does dad have the living arrangements and care provision to have son for the whole week?

Does your son spend longer with dad in school holidays and how does he find that?

If none of these are issues then you might want to consider some sort of compromise or at least trial some new arrangements to see how they work.
I think child arrangements need a certain degree of flexibility. Just because the current arrangement worked in the past doesn't mean it's right for your son now as his needs change. It would be best to avoid Court if you can and maybe try and reach some sort of compromise if the child's well-being isn't an issue.

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