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I have two kids under 2 with my ex. We split before our youngest was even conceived but until the end of 2018 we had an agreement between us that I would keep them one night at the weekend and then for a few hours on a Thursday afternoon. I work in retail and because of my position I have to work evening shifts and either a Saturday or Sunday night each week. She stopped me from seeing our kids due to me having a new partner and we have been to court multiple times now with no agreement made. I want to stick to our old arrangement but she wants me to keep them the entire weekend every other week. I have obtained a letter from my employer stating that I have to work evening shifts and at LEAST one night every weekend so this is not going to work for me. At our latest court hearing the judge decided to adjourn it for another fortnight to give me time to sort it with my employer. Basically saying he doesn't care that I can't get whole weekends off and the court order is going to be made out so that I keep them 2 nights at the weekend. I can't afford to keep going back to court every single week and I'm starting to worry that I'm going to have to just walk away until the mother of my kids sees sense.
Can a judge set a court order that I cannot adhere to due to work commitments?
Any answers greatly appreciated
Was the adjournment after the judge had sight of your employers letter?
It would be counterproductive for the judge to make an order that can’t be fulfilled because of work commitments. Besides that, any order that is made with regards to contact can only order the resident parent to make the child available on such and such a day, the order doesn’t extend to ordering the non resident parent to comply. It’s only the resident parent that could be in breach of an order, for not making a child available for ordered contact.
Is there any way you could get child care, to cover the extra evening shift, a family member perhaps?
If not then, you must stand your ground and explain that there is no flexibility work wise and you have no choice but to refuse the full weekend contact and respectfully ask for the previous arrangement to be the one included in the order.
All the best
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