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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex husband sees our son fortnightly, but we agreed he could

Customer Question

My ex husband sees our son fortnightly, but we agreed he could have this access if he ensured our son saw his parents whilst in his care. He has since stopped taking our son to visit them and they want to see our son once every 6 weeks, so I have asked that my ex misses one weekend In 6 to accommodate for this. He isn't happy and is threatening to take me to court, can you advise
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I can help you with your question.

Are his parents not able to arrange to see your son without his assistance?

Customer: replied 4 years ago.
Yes, but as he has our son fortnightly It mean I miss my weekends with our son (who is in pre school mon-fri) if I arrange it in my time with him. He lives 5 minutes from them and I live an hour from them.
Expert:  familylawexpert replied 4 years ago.

I can see your difficulty. Equally, I can imagine from experience that he probably doesn't want to go four weeks between contact visits. It's a difficult situation with no one right answer.

Rather than go to court, have the two of you tried mediation?
Customer: replied 4 years ago.
No, but he agreed to involve his dad in vists when we agreed to fortnightly visits. It was originally one weekend a month. Why should I miss out on my weekend with my son when it's his responsibility to ensure his family see his son? I presume if it went to court I would have to let them see him on my weekends?
Expert:  familylawexpert replied 4 years ago.

There's genuinely no black and white answer to what the court would do. However, unless there's an unusual reason to the contrary, I would expect the Court would be likely to provide for contact with the father every alternate weekend.

However, unless the grandparents (rather than the father) make a specific application themselves, then the court won't make a specific order in their favour.

Overall though, it might be that there is some way through this that would involve a compromise. For example, perhaps he could have some time with your son during the week on alternate weeks, that would make him more amenable to sharing contact with his parents on that six-weekly contact... The bottom line though is that the court will not force either of you to change the weekend pattern unless the grandparents make an application. You could just leave things as they are, and leave it to the father and his parents to work it out between themselves in the first instance - trying not to get involved?

Expert:  Clare replied 4 years ago.
Just to add
Since these are his parents and not yours it is unlikely that the Court will Order contact during time that the child spends with you - and they will be expected to negotiate the matter with him and not you.
If either they or he apples to the court this is the likely outcome