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Well I’d hoped all was resolved but I was wrong!!
We agreed a financial consent order which was signed off by the courts. I found a new house and moved at the start of June.
We agreed in mediation that for the first month I’d have son for dinner on Wednesdays but he’d go home to sleep then we’d have alternate weekends. Then in July we would switch to a more shared custody arrangement whereby she would have Monday and Tuesday nights, I’d have Wednesday and Thursday nights then we’d have alternate weekends of Friday through Sunday nights.
She had reservations about the July arrangement but said she was willing to give it a go.
Now she’s refusing to try the second part of the arrangement as she says that my first weekend fell apart as I could only have him one night instead of three due to problems in my house. She says that my inability to even deliver as agreed on the first weekend shows that this will never work.
Ive told her that I’ll be proceeding as agreed and collecting son from school on Wednesday and Thursday as agreed and he’ll be staying at mine in 2 and 5 day blocks as previously agreed.
She says she wants maintenance but I say it’s not due as we will be sharing care.
Am I correct in thinking we have equal custody rights and she can’t stop me from having him on our previously agreed days?
hi,
where the childrens arrangement sorted out in court with an order? with child maintenance, there is no maintenance to pay where both parents have equal day-to-day care of children.
Child arrangements were made in mediation that we both agreed to trial. We reached the agreement shortly before I moved out.
ok so seems like there's nothing legally binding, and would be easy for her to stop arrangements. see how it goes. if it gets worse you could look at taking legal route.
No nothing legally binding.
She says as I’ve breached the original agreement in mediation that she’s not happy to proceed to the next step and that we’ll have to go to court to firm up plans.
Can I just proceed with what was agreed anyway and pick up son from school and have him at mine on what should be my nights? She is saying that if I do that then the court will look on my behaviour badly.
@pinkman you could contact mediators again and saying your running into problems and you want to have a consent order written up, so its legally binding as court order.
@bill337 she has already spoken to the mediator and told them that I haven’t upheld my end of the deal and that she wants to just go to court.
I couldn’t do the first 2 nights out of 3 due to me having no hot water on the house. She wasn’t willing to accommodate me and these teething problems at all and is now using it against me.
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