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I have a court order to have my kids every other weekend
I have a new partner I have been with for 3 years and we have a 3 month old together
after the birth of our child my partner went into a deep depression which doctors diagnosed with postnatal depression. She then lost someone close to her , me and partner were just at each other and we decided to take a break as we didn’t need the negative impact on her child and our child
due to the break I couldn’t have my kids overnight as I was at a friends house but I did go and see them and spend a few hours with them on my weekends
me and partner are back together
I told my ex I can have them overnights but she says she doesn’t want the overnight stays ( I missed 2 weekends with the kids )
she wants me to come round to the area the kids live and spend the day with them but I told my ex this will not work
my partner will be returning to work and be working weekends as we can’t afford childcare so I will have my under 1 child to look after
I told my ex the overnight stays will be better for everyone as my kids can spend time with their siblings, they are in a warm home if the weather not good, less money not being spend
She still refuses and wants to go straight to court
This be third time I’ve tried mediate with her and she refused yet again
There no safeguarding issues involved
will the court go in her favour cause if they do I physically will not be able to spend the day with them due having my other child
i will fight it and tell them my reasons why overnight stays will be better
hi,
so as your court order states every other weekend overnights for you, then mother is breaching order. you can apply with enforcement. if possible you can use as chance to vary order to have more time with kids. court is unlikely to go in her favour if its clear she is breaching the current order.
have you been self representing in court?
@dadmod2 Hi ,
I have self represented myself once as we only been court the once when I took her the first time to gain access to my kids as she fully stopped it when we broken up
This is her second time wanting to do meditation but after we both have our MIAM and then we get to the point where we discuss she drops out. This time she saying she doesn’t need to mediate and just going straight to the courts to change the order and wants it the way she wants it
But like I’ve expressed to my ex that it will not work due to my partner working on weekend when she returns to work that I will have my other child that it’s just not suitable and overnight stays will be best for everyone
But as she puts it , it’s not her problem how my family life works and that my partner needs to work
I just don’t need the added stress with it going court and the court accepting her terms as this will not work
Courts are keen for fathers to have contact with their children. You could tell her that she should comply with the court order or you have no alternative but to take it back to court. On the face of it, there seems to be no reason why she shouldn't comply with the order. It's irrelevant that the routine changed for a while. You might obtain further advice from dads unlimited or look at guides to child arrangements on the advicenow.org.uk website
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