In the context of a shared residency order could returning the children to the other parent defined as 'morning' mean that this can be 9.00am or 12 noon or any other time?
Have you received my reply?
Thank you. I await a reply from any solicitor with the answer to my question.
Is a new 'expert' able to give me an answer?
Week 1: Monday night from school (or equivalent time in the school holidays) until Wednesday morning. Friday night from school ( " " ) until Monday morning.
Week 2: Wednesday night from school (or equivalent time in school holidays) until Monday morning.
Mother to have children at other times.
His interpretation of morning is 09.00am. Is there a legal argument that would stand in court giving morning as meaning up to 12 noon?
Mother wishes to get back to work but the extra 13 hours a week put on her by the ex. stops her from doing so.
Sorry No! He has them 7 nights in every 2 weeks as the mother does.
He has made sure of that for benefits purpose.
Boy - 13
Girl - 11
Boy - 5
The father hands the children back at 9.00am in the morning when he has had them the night before. The mother can only hand them back at 15.15 after school. this means an extra 6 1/2 hours twice a week that the children are her responsibility; hence the 13 hours extra.
You are not the only one confused by these arrangements but they were put to the court by father to suit his working hours.
ClareYes,unless 1 or more are ill. Mother is then responsible for them at school, and if ill he drops them off at her home. Holiday time he drops them off at 9.00am, hence the disparity of responsibility. The extra 13 hours per week!
He still drops the children off at 9.00am whatever!
He is a hard nut to crack. He will not agree to any
suggestion put forward by the mother. His only intent appears to be to damage the mother any way he can.
Can she legally say drop the children at 11.59am (still morning!) and not 9.00am?
Thank you for your reply.
The response of the father to sharing the children 50/50 is to offer the mother Wednesday evening one week and Sat/Sun the 2nd week, effectively taking the children off her. Would the court view this a reasonable response?
The mother needs to work and is only paid 47 pence by the father per week for 2 children (under revue by the CSA) but without returning to court can not move to 50/50 shared care of the children. Should she have to lose her children because she cannot return to work?
The problem is complicated by the hours set by the court.
Week 1: mother has children at 9.00am Monday until 15.15pm on Wednesday; father from 15.15 Wednesday until 15.15 Friday. The only full day being Thursday. (Mother has them the weekend).
Week 2: mother has them until 15.15 on Monday and they are back with her at 9.00am Wednesday until Friday15.15pm. The only full day
without the children being Tuesday. Wednesday one week and
Tuesday the next makes it very difficult to work!
Do you have a practise in Cheshire where we could consult you?
Not entirely. collecting the children at 15.15 four days out of 5 makes it difficult to work in term time and makes it virtually impossible in holiday time.
I'm sorry if I have confused you. She would like the father to have 50/50 care and responsibility of the children i.e. the same number of hours she has. This would mean all changeovers taking place at 15.15 in term and holiday time and not the forced time of 9.00am set by the father.
It gives her until at least 15.15pm each day in term time and cuts down the amount of child care needed in holiday time.
Many thanks for your patience. Whatever she decides the father will not agree to any change to the court order hence the question of definition of 'morning'. At least 11.59am would be better than 9.00am if only for 3 hours less child care costs, assuming she can obtain a 'job' with the crazy hours forced upon her.