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Hi There,
I have contact order to see my 3 children every other weekend Friday through Sunday.It was stated in the order that my Dad picked up my daughter from school on a Friday (the boys as older and my dad lived close walked to his). My ex then picked them up Sunday. My Dad then moved and changed his hours so he could no longer pick up my daughter after school but at 5:30 the boys have scouts so I pick them up after and we now have t drop them off on a Sunday as well, she doesn't drive (even though it's in the order that she has to pick them up) . I am also supposed to have the children in the holidays (depending where their weekend with me lies) Friday through Tuesday or Wednesday through Sunday, sadly since we went to court and it was put in order I have been unable to do this, due to issues on my part..
My main issue is that my Daughter has started dance lessons on a Saturday and my ex has stopped her from coming to me on a Friday night and I am to pick her up at 11 from dancing. This means i only get contact from Saturday at 11 to Sunday at 6. I have asked to have them later on a Sunday but she has refused due to my eldest does a drama group at 6 and my daughter is 8 and the ex says she has to get ready for school. I think my ex is being unfair and unreasonable as I am able to get her to and from dance on a Saturday, I also think she is doing it to spite me, a few weeks ago I realised that was paying quite a lot each month on top of the kids maintenance money and phone bills for 2 of them for things so told the ex that that I would no longer pay for anything other than those. Since then she has let my daughter start dance class without consulting me and then stop contact, going against the contact order that the courts put in place.
can she do this, is she being fair?
Hi there
Its a difficult one.
In reality when your Dad moved you changed the the details of the Order. You have also been unable to fulfil your holiday obligations as put in the Order, your ex has been flexible about this.
As children grow and they become more independent and take up activities, it's up to the parents to be flexible and adjust arrangements in the best interests of the children.
You have both had to do this as circumstances change.
By reducing the number of nights you have your daughter she is in breach of the order and should offer you an alternative. If you were to apply to enforce the existing order she would argue that you have also breached the order....as I said it's difficult.
You have two options, you can try Mediation to try and draw up another arrangement and if this fails, apply to the court to vary the existing order. Or you can apply for enforcement of the existing order.
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