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Starting court orde...
 
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[Solved] Starting court order process

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Posts: 15
Registered
Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

Thanks for replied, we haven't posted the forms yet and are going for some legal advice today.

I will def include a request for a interim order. We actually had some telephone contact yesterday but the children and quiet and unchatty.

Just hoping this doesn't do long term damage

If we met half way on EOW then we could collect evening and be back home for a reasonable bedtime. Its just if transport isn't shared then we couldn't have them to stay for a weekend because it would just be too much. The only times we have had them to stay is in school holidays when it can be a long weekend. I just think if ex was the one who moved away and hubby can't drive then journey should be shared, 6hr round trip is too much for one person on their own.

yes I think its a good commitment he wants to see his children and travels at a cost & time just to see them for 5hrs.

Just hope the outcome will be positive, I am trying to stay positive

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

Hi there

Could you clarify what you are asking the court to do? Generally, when there is a fair amount of travelling time, the court would agree a schedule where contact might happen less often, for instance a full weekend once a month, as opposed to every fortnight, but for there to be a larger share of time for the non resident parent during school holidays.

It would make sense for the mother to make the outward journey, straight after school on a Friday, they would arrive with you early evening, without too much disruption. I would most certainly make this point in court. The return journey could be undertaken on Sunday afternoon. Perhaps offer to make this three weekly, with weekly Skype/FaceTime inbetween and a larger block of time during the school holidays.

When completing the C100 form, I would specify, in the section where they ask what you would like the court to do, that as contact has only recently been stopped, due to financial reasons, you would like an interim order for contact to resume with immediate effect.

Financial issues and contact are entirely separate and one isn't determined by the other. The court won't deal with that aspect of your case, they willl consider that contact should only be interrupted where there are welfare issues, again make this point strongly. It's not your partners fault that he's unable to work temporarily.

Best of luck

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Posts: 15
Registered
Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

We're prepared to drive part way and would like ex to meet us part way, worked out I could drive 1.5 hr & if she drove 1hr we'd meet and get home at a reasonable time. If she refuses to do this fortnightly we'd settle for monthly & hubby would get transport to see the children for the day on the other weekend.
I don't think thats unreasonable? they moved away from where they lived as a family without hubby consent

I do agree her making the trip after school would be much easier but she has always point blank refused to help with travel. It was the plan originally but after the first time she refused to do it again. First time was convenient for her because she needed childcare!

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

I agree I don't think it's unreasonable, I would prepare two proposed schedules, the first where she does the outward journey from school on a Friday and you do the return leg, the second proposal to share the outward and return journeys, meeting at a halfway point as you suggested... I would mention that she didn't consult you about her move, and originally you had an agreement in place where she would undertake the outward journey, which she subsequently reneged on shortly after.

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Posts: 15
Registered
Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

Hi when completing C100 my hubby decided to use a solicitor. they have sent us draft and haven't included too much info.

Should we put in there everything we want to accomplish? i.e. EOW with us, school holiday time etc?

He's simply put that we want to get a child arrangements order when the boys should spend time with hubs as its in boys best interest

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