[Solved] Advice on going to court

Hi All

I'm hoping I can get some good sound advice regarding recent events between my ex and I which I believe will now have to go to court (me applying).

Last year in November, I started a new IT Contract and it was accepted on the terms of it being 9-5:30 Mon-Fri. Before xmas, myself and the other contractor were notified that due to business needs, our hours would be changing to a shift based working hours (12 hour shifts consisting of 4 days/night on and 4 days off and then repeat). This now involves weekend work and on days when I would normally have my children.

My ex and I agreed via solicitors on a rota prior to me joining this company but unfortunately, my work circumstances have changed. I notified my ex of this on Boxing day and proposed a new rota and asked for any suggestions. As you can imagine, this was point blank refused without any suggestions or making it work. She was [censored] bent on the fact that a rota was agreed via the solicitors and that I would have to make the necessary arrangements when the children would be in my care. I have tried to reason with her and said that this is only a temporary change and that I'm actively looking for a new job and that I would be speaking to my line manager to see if they could help me with some days when I would have the children. Again, all this was dismissed and she kept referring back to what was agreed.

Eventually, I had to tell her that the agreed rota was not legally binding and was not a court order. I cannot be forced to quit my job because I cant 1) provide for myself and 2) provide financially for my children. Again, all dismissed by her. No sense of flexibility what so ever. I told her that the rota would be stayed until I could find a new job or if my contract comes to an end. Again, dismissed and she was basically trying to imply I would have to make the necessary arrangements.

In the end, I stressed the above about it not being a court order and that I cannot be forced to have the kids. I told her that I can no longer have the children on the days agreed on the rota and that I will always make time for them in the holidays. This is not ideal for me as I want to see my kids on a regular basis (weekly) as it has been for 2 years. I feel I have been forced into this unfortunate decision as she was not trying to be flexible in anyway shape or form or even try and work with a way forward.

I have decided that I will be going to court. Mediation for a different matter didn't happen back in Nov 2016 so I have the form signed off by the mediator. I will be requesting telephone contact has she has always refused this. I'll also be looking to get it in writing about access to the passports when I want to take the children on holiday, being kept informed on children's well being as she never tells me when they are poorly or off school and also about being engaged when decisions have to be made about the children.

The advice / questions I'm seeking answers to today is that when I get to court, any ideas how I should request time with my kids? In my line of work (IT Contracting), its difficult to get a set job for a long period of time or even Mon-Fri. The last thing I want to happen is the court enforcing the days I have to have the kids but then due to work commitments, I cant adhere to them, Is that something they can do or can they take my profession into account? I don't want to be limited to seeing my children only in holidays as the thought of that is killing me. My two children are the main reason for me continuing in life and not seeing them or the thought of not knowing when I will see them as I don't know if my ex will offer them to me in holidays, is killing me.

I've tried to reason with this person but there was no movement from her. I feel I had no other option as I simply cannot quit my job.

Any advice would be greatly appreciated.