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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33048
Experience:  Over 25 years experience in law
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I have split from my partner. He has PR on our 14 month old,

Customer Question

I have split from my partner. He has PR on our 14 month old, we were never married. I also have two older children from a previous marriage. My ex-partner has no other children. He has said that if I don't give him 50% custody then he will take me to Court. Of course I want him to have access, I suggested two nights per week and every other Sunday. Is this acceptable?
Submitted: 2 years ago.
Category: Law
Expert:  TherapistJen replied 2 years ago.
Acceptable is what works for both of you...if he is satisfied with that amount of time then yes it works. If there isn't an agreement in place then schedules come into play and things come up. Try and work together on what feels right for both of you. As your child gets older, it is possible that the routine will need to change based on school, events, etc. I think you know that based on having older kids. If you can't agree on this together then it may be important to have the attorneys work out the agreement. As the child gets older you will also look at how the back and forth is affecting the child...so although it sounds great to have it all written in stone, things may need to be changed as life and growth happens.
Customer: replied 2 years ago.

That answer in no way answered the question. My question was do I have to give him 50% custody, legally? not answered. I already know what is written above. I would like to speak to someone at just answer

Expert:  TherapistJen replied 2 years ago.
You didn't mention legally...you asked if it was acceptable and since your question came through to the parenting category that is how I answered it. I will now opt out and someone in the legal category can offer some help. Wishing you all the best and a happy life.
Customer: replied 2 years ago.

So I guess they will contact me now to answer the question?

Expert:  TherapistJen replied 2 years ago.
I have reported the question as miscategorized and it will be sent to someone with legal expertise and then it can be picked up by another expert. No need to respond back so that the question can be moved.
Be well.
Expert:  Thomas Judge replied 2 years ago.
This has been handed to me to answer from a legal perspective. The fact that you both have PR means that he can apply to the court for a share of the contact - he can ask for 50% - but the fact that you are looking after the child full time and have always looked after the child and have other children mean it is much less likely that the court would give him 50%. I would have thought that the court would over time be looking at him having alternate weekends and perhaps a night for dinner in the week - it is important fore the child to be in routines and maintain a relationship with your other children and these would be important points to raise with the court. Happy to discuss. Please rate positive.
Expert:  Thomas Judge replied 2 years ago.

I hope that this helps. Please rate positive.