How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

Separation & divorce : father wants visitation to be one overnight

Customer Question

Separation & divorce : father wants visitation to be one overnight stay each weekend and one overnight stay mid-week and one evening visit (3 hours) mid-week. Mother (me) thinks it would be better for our child (5 years old) to stay at home on all school nights, so one overnight stay each weekend, and 2 evening visits mid-week, and I have even suggested extra overnight stays in school holidays to compensate for this. My ex is irresponsible and forgetful, and I feel that it would upset our son if he were to go into school sometimes missing his usual things from his lunchbox, or homework & reading books being mis-laid, not to mention school uniforms, shoes, pe kits being scattered between two houses, he also is a child of routine and he has been used to waking up in his own bed in his own room every morning all of his life.
I am not refusing my ex's requests for selfish reasons, as I would enjoy extra time to myself! But this is not about me, this is about our son and what I believe is best for him.
We are due to go to mediation over this matter, but I fear that if we can't reach an agreement then a judge will award standard visitation, which I think is every other weekend. I don't think it would be good for our son to go such long periods of time not seeing his father.
Any advice would be greatly appreciated, thankyou
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thank you for your question
Could you clarify exactly what you are offering with regard to contact?
Customer: replied 5 years ago.
I am offering one night and one whole day each weekend, so for instance Friday 6pm til Saturday 6pm one weekend, then the following weekend Saturday 6pm til Sunday 6pm. So that our son has 24 hours with each of us every weekend.
Then I am also offering after school until 7pm on tuesdays and thursdays.
And I have suggested an extra overnight stay during school holidays, replacing either the tuesday or thursday tea time visit.
Ex wants our son to stay overnight with him one of the tues or thurs every week even if it is a school night.
Thanks for your time, I await your reply
Expert:  Clare replied 5 years ago.
Have you considered alternate weekends friday to sunday plus the evening visits?
Customer: replied 5 years ago.
Yes, ex does not want this. Wants to see our son every weekend not alternate weekends.
The weekends are not a problem-we agree on them.
It is the school night issue, he wants our son overnight once during mid-week, I do not want that to happen.
It would upset our son's routine for school.
What I need to know is, is a judge likely to agree with my ex or me over this? Or would a judge decide something different entirely?
Expert:  Clare replied 5 years ago.
Bearing in mind that I can only give you a very rough guide based on the limited information you can give me in this public forum I believe it is likely that the court will agree that school nights are best spent at home at least for the time being