A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What does it mean

  • Darnoo001
  • Darnoo001's Avatar Posted by
  • Senior Member
  • Senior Member
More
28 May 10 #206268 by Darnoo001
Topic started by Darnoo001
Hello all, had my court order put in place back at the start of the month, kind of Consent Order made between both parties, although I managed to gain a few extra days and nights with my daughter along with shared holidays, joint residence & if either parent was unable to uphold there given days then the other party would be the first point of contact. Also written into the order is that no one party shall try to gain an unfair advantage against the other.
That’s the key question!
What does that mean, this morning Ive attended my daughters school play, Mum decided to bring along her new partner, and as we entered the school he made some comments and threats, not the first time. The only problems this causes is for my daughter, I assume that this is mums way of having the last word, But I felt uneasy and I dare say so did my daughter, What’s next? Does she bring him along to parents evening.
I feel that this is trying to gain a unfair advantage, my daughter spends time at home with mum and her partner and I see this as mums way of having me as father pushed away and a new father to take my place. Am I been stupid!!!
:(

  • MediationNotWar
  • MediationNotWar's Avatar
  • Senior Member
  • Senior Member
More
29 May 10 #206411 by MediationNotWar
Reply from MediationNotWar
There isn't enough detail in your post for me to be able to offer any useful advice. As you are finding out, the limitations of courts make them a poor substitute for properly worked agreements. Court orders by consent are often made under a certain amount of duress. Both parents need to understand the consequences of their behaviour and work together to co-parent their children. One alone is going to struggle and the courts are pretty powerless to help couples communicate better. Indeed, the court process tends to polarise those involved. Have you thought of attending resolution's Parenting After parting course or seeing if the judge will order you both to attend one of Relate's Parenting Information Plan? Both are designed to help parents like you. Otherwise what about mediation?

  • Darnoo001
  • Darnoo001's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Jun 10 #207028 by Darnoo001
Reply from Darnoo001
Thanks for the comments, Well we tried mediation but mum wanted it all her way, the long and short of it is that after we parted, our daughter was 2, I move back down south but returned every 4th week, I would drive the 258 miles to collect her and return the same day,i would have my daughter for 9 nights / 10 days, Done this for 3 years,when she started school I moved back north to be closer to her, things went well for the first 18months, contact was very good,well over half the time spent with me, Things took a turn when the csa reduced mums money, basically she reduced contact to every other weekend, I took it to court and to start the court told us to attend mediation again, I when she never turned up, second hearing it was brushed under the carpet and was never mentioned, had our final hearing at the start of may, and we evened things out, 2 nights week 1 4 nights week 2, half of all holidays etc, holidays to be agreed between both parties, but thats another bone of contention, mum never agreed to talk about the may half term , and just said she will be having the week, so Im back with the sol, mum just wants the final say! i just want to see my daughter..

  • Chezziebell
  • Chezziebell's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jun 10 #207061 by Chezziebell
Reply from Chezziebell
you need it defined to the nth degree. Get the school holiday dates of the school website for end of this year and next school year.

Print out a calendar or make a spreadsheet up and make a schedule of the days you have agreed already and what you want for the holidays and get the solicitor to send it to Mum. It will have to reflect your current agreement and be fair for the holidays etc and I would stress that you will be flexible but want to know where you stand for the next year ahead.

  • Darnoo001
  • Darnoo001's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Jun 10 #207067 by Darnoo001
Reply from Darnoo001
Ive done that, 1st week summer me 2nd week mum, 3rd and 4th me 5th and 6th mum, oct half term me as mums having may half term, the thing is she is not replying to my sol letters, so im still in limbo!

  • Chezziebell
  • Chezziebell's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jun 10 #207087 by Chezziebell
Reply from Chezziebell
Our sol wrote and gave a deadline for them to respond to.

He also wrote offering a 'round table meeting' with her solicitor and my OH and his sol.

Ultimately, it would have ended up at an enforcement hearing.

She said she couldn't attend round table or court because she couldn't take time off work and eventually we had to ALL compromise but came to a solution w.out court.

  • Darnoo001
  • Darnoo001's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Jun 10 #207091 by Darnoo001
Reply from Darnoo001
That sound good, might ask my sol if she would, if we dont hear back soon, offer a round the table meeting, just gutted Ive still got outgoing payment to sol, after the court order...thanks

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.