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Hi,
Me and my Ex have been divorced for two years but separated for 7, our divorce is a final binding divorce but my Ex has now started a mediation process because she's unhappy with my access to our son, in so much that I'm employed by the police and work permanent nights in the current job I'm in. This was fine until 2 months ago when an EU working directive team attended the station and told our teams they were working an illegal shift pattern, this has now resulted in my 7 nights of 12 hrs shifts 7 days off turning into 5 nights of 12hr shifts 4 days off 4 nights on 5 off. The whole reason why I went onto this pattern was to have my boy every other weekend ( I would gladly Have him weekdays after school and drop him back but we live 70 miles apart and she has said it's too far for him to travel on schooldays )which was good for all, but the new one means I still have him two weekends a month but they are both together meaning 2 weeks and 5 days between visits.
I have my pattern dictated to me, I am employed full time by the police so don't get a say in it, I am looking at other roles but they have to be applied for and various tests, exams done to get into them, so I can't just chop and change at will.
She has now said she needs more of a break from him so has gone to mediation, and whilst I have agreed to attend she has recently stated If I do not it will go to court ,is this correct? And given that I cannot afford to go part time,and have no say in my shift pattern, what can be done by her to force this issue ?
Thank you.
Hi There,
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If you can't agree on when you have your son during mediation, then she is able to apply to the court for assistance, they require mediation to have been attended before application is submitted.
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A judge is unlikely to make a rulling that won't work around your shifts especially as they are set out and you have no control over them, a judge will be looking for what is best for your son and not favour either your situation or your ex's.
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You will have plenty of time to discuss your options around your shifts if you end up in court and the judge would consider this before they would make a rulling and set an order, If you do end up in court you can represent yourself throughout so don't need to pay for solicitors fees and we will be able to advise and support you throughout.
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GTTS
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