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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 854
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex husband and I divorced nearly three years ago at the

Resolved Question:

My ex husband and I divorced nearly three years ago at the time the childcare arrangements for contact were agreed as every wed night and one night and day every weekend in addition we split the holidays 50/50. He is now taking me to court for shared access ( I believe this is clearly for financial gain!) the children are happy with it how it is ive offered him to take out to tea he says no ive offered to do my sons sports on my day he says no ive offered loads of extra opportunities and he has them if im away with work yet he is still taking me to court they are 8 & 6 is he likely to get the court to overule whats currently in place and working fine for three years for shared access very very worried. Many thanks...
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I note that your ex has made an application to the Court to spend more time with your child.
Courts do like both parents to have a good relationship with both parents and there is an increasing number of shared care orders being made.
I note that the children are currently spending a night with their father during the week, a night at the weekend and 50 % of all holidays. I also note that you have offered additional time but that your ex has not taken this time up and that you consider that his motivation is purely financial.
Although the courts are unlikely to accept an argument of financial gain - the court will definitely want to know about his lack of commitment with the additional time that you have offered.
In reality your not actually that far off a shared care arrangement and I don't consider that a court would alter you current arrangement much. You are sharing weekends and holidays - which will unlikely be altered as both of you need quality non school time with the children. So in reality your probably looking at scope on movement during the week. Perhaps you could offer the one night with their dad to being an overnight so he can see them the next day and take them to school ?
It is far better to agree rather than having an order made. You sound very reasonable already so I wouldn't worry that the situation is going to change drastically because it won't.
Do make sure you keep a note of all the extra time you've offered which he hasn't taken up.
Kind Regards
Caroline
Positive feedback gratefully received. Thank you
Customer: replied 1 year ago.

Hi Caroline

Sorry to clarify on the night in the week he does have them overnight and take to school the next morning.

I've been very reasonable all the way however his works busiest hours are between 4.30-6.30 and on the Fridays when he has them they are always in late stay which they hate I too work full time but have flexible hours and I have back up in my mum etc he has no family in the area and I just can see the kids being in late stay. Also I offered them to him in April this year when I was away with work and he refused due to work commitments the only thing that has changed recently is my child maintenance has increased as at the time of divorce it went on his very outdated accounts. He has also changed solicitor for no apparent reason and all the threats of court etc started then....Thing is the children have after school activities most of the week on both our times and they constantly come back without school shoes dirty uniforms etc etc it sounds petty but actually they don't want to go an extra night but have said they would go out for tea on a Monday after school thereby the back and forth aspect is not so noticeable however he also turned that down. He is a good dad and loves his kids and they love him however I just feel this is not in the best interest for them maybe when older but at the moment they are not ready for it..Anyway court date is 21st September so I guess ill find out but any other advice would be appreciated.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that. Your are being very reasonably then and your points about their after school clubs and his late working are very valid. Given what you have now said, which you should also make sure you tell the court and Cafcass, then I don't think the current position is going to change much at all - you are clearly considering this from the children's prospective.
Kind Regards
Caroline
Positive feedback gratefully received.
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