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child care arrangements after divorce

(3 Posts)
Sheila1982 Wed 03-Oct-12 13:48:51

My partner has finally got his divorce after waiting 5 years from when his wife left him and the children for another man. it took him several years for her to even agree to this and a lot of heart ach on his part with the emotional stuff she made him go through. His son lives with him and see's the mother everyday literally with 2 over night stay's the arrangemnt is very flexible on his part as he has always offered her extra nights regarding holidays and even in the past encourging her to have them but she has always put work or the boyfriend in front. because this year the divortce papers were put in she then started to make demands about wanting the child more nights (one of the reasons is that she is now paying CSA and it will mean she won't have to pay that if she gets more nights she put up a huge stink about that last year when he ended up claiming and) the court has now given him the section 41 certificate to say it is now happy with all the evidence provided this took longer as she ticked the box she disagreed with the child care arrangements but never put what she wanted and ignored several communictions to do so. but then wrote an email to noew say she wants the child alternate weeks. because we have the 41 certificate will she have to make a whole new claim to try and get this?

Collaborate Wed 03-Oct-12 14:34:50

The s41 certificate is meaningless. However the status quo is established, and if mother wants to change it she either needs father's consent or an order from the court. It's up to her to make the first move.

Sheila1982 Wed 03-Oct-12 15:28:54

Thank you

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