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My child’s mother is wanting to take me back to court to vary a 50/50 order that is in place now and has been fine r past 12 month.
She would like our son Mon through to Fri 5 days a week and me to now have him Sat and Sun.
This current order has been in place for 12 month after I had to go get an emergency order and have him returned to me after she kept him.
She is starring that she wants him these days due to his education and believes she is better prepared to offer him stability for his education and health.
My son has been in pre school for the past 12 mo th and this has worked absolutely fine.
She constantly picks and basically [censored] for tat every day near enough even after asking her not to contact me unless it is important.
She has a solicitor but due to me not being able to afford one due to my expanded family how do I fight this.
Iv never broke this order and kept to it by the word she has broke it twice already!
Hi there
Before an application for a variation can be made she would first need to attempt mediation to try and reach agreement with you.
It's impossible to predict the outcome of any court action, but if shared care has been working well that will be favourable.
It's perfectly doable to self represent, should this go to court, there are many dads here they have done just that with much success.
The best advice I can give is to remain totally child focused, the courts will make decisions based solely on what they consider is best for the child. However upset or angry you may feel, you must present yourself in a calm and reasonable manner at all times. They will look at both your circumstances, for instance, if you work and what the current situation is with childcare and picking up from preschool. If there are siblings and the impact on the child of any changes to their routine.
Has the child had a 50/50 split of their time with you both, were you a stay at home dad? What were the reasons that the court awarded a 59/50 split in the first place? Without knowing more about your case, it's very difficult to Give soecific advice, but if you have any questions we will always do our best to advise and support you.
All the best
I work by my shifts are around my son so don’t work when I have him. He is now in full time education. He has 3 siblings in the household.i was stay at home dad before the order was placed when it was placed the judge was not interested in any information I had at all.
I think you were fortunate to get a 50/50 shared care order!
The fact that your working arrangements fit around your child's time with you is good, if it goes to court it will be important to build a case around the fact that he is settled and happy with the arrangement as it is, and any changes would disrupt and distress him.
Does your ex work too, if she does, that could form part of your arguement. How close is he to his siblings? These points will all help to build a case.
I would suggest that you give mediation a go and see if you can't find some way to resolve this outside of court, it's a requirement anyway, before she can apply for a variation.
All the best
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