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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1369
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex is taking me to court /50 recidence. Our marrage

Customer Question

My ex is taking me to court for 50/50 recidence. Our marrage broke down due to the lack of involvement and support with the kids and household work. I work 2.5 days and he is full time. He left the home over a year ago and I want the kids to stay in their routine as I believe at 4 and 6 six this is crucial to their well being. I have asked that they do not stay over on a school night and we stick to the current routine of every other weekend, one evening a week and holidays plus anything else we may agree.
What are the chances that a judge will give him every monday and tuesday night aswell?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question. I am a Solicitor and can help you.
I note that your ex is currently spending time with your children each alternate weekend, one afternoon during the week also spending time with them during the school holidays.
I note that your ex is seeking for the children to stop with him for two nights during the week. I note that you are opposed to his proposals mainly due to your children's young ages and because you consider that it is important that you are able to take the children to school so as to maintain a routine for them. I note that your ex only appears to have committed to your children following your separation.
It is your children's right to be able to spend time with both parents unless there are child protection concerns.
Your ex is likely to argue that he is able to maintain a routine for your children and that he is committed to picking up and dropping off your two children for two days a week. It is quite possible that a Judge will agree with such an argument and make an order in such terms.
As your children are still quite young - perhaps you could offer a compromise of one night per week. Courts do prefer matters to be agreed by parents rather than matters have to be ordered by the court. Whilst I appreciate that this may not be what you want to hear but if you can try and negotiate then it really is better than a Judge making an order that you recall might not want.
If you really do feel that he isn't committed and it will effect the children's routines then hold your position and the Judge will decide.
Kind Regards
I would be grateful if you could kindly rate my answer. Positive feedback is gratefully received. Happy to discuss matters further.