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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Am I unreasonable not to agree to his new child access rota

164 replies

Princess90x · 16/06/2026 23:36

I have a current court order where ex has children 4-3-4 on his 13 day off rota. Based on 2 weeks on 2 weeks off

Well tonight he is saying he is going on a 3 week on 3 weeks off.

So I went on current base line of our court order i hold the lives with said 3-2-3 on his proposal coming december
Our children are 11 and currently 2 (3 in december)
He kept saying he has the children currently 12 nights now and I said that's not the case based on our shared calendar hence me stretching the 8 nights across the 3 weeks and saying sharing the summer holidays equally if his off rota permits it
If we cannot agree we will go mediation
We talk via talking parents so he went off on one saying he's contacting his solicitor so I said okay

But im just confused who says i agree to be a solo parent no check ins for 3 weeks no help off him during that time i didn't agree to current but a mans work needs trumps right? (he talks to 11 year old via text or FT on his current schedule sometimes might talk to 2 year old if he's not busy toddlering) but he never asks me any questions about them during his 2 weeks at work anyways again communication is via a court app i can't work out if im the high conflict one or him because i won't agree and neither will he 😂 what do i do we went court in may last because as I said he wanted to have not 50/50 but me 53% and his 47% based on his off rota ended up with this set up 🤷

OP posts:
Cheeseandolivesplease · 23/06/2026 12:37

@RoseField1 Well obviously if he doesn't it's very straightforward and wouldn't need to go back to court.
A different matter altogether if he is asking for a reasonable variation but Mother is not agreeable or he wants more time.

RoseField1 · 23/06/2026 12:22

Cheeseandolivesplease · 23/06/2026 12:16

If this indeed was the likelihood of the outcome in court as it currently stands, as father's legal representation I would be advising him either to find another job role, reduce his hours, or give up work completely in exchange for a fairer amount of parenting time.

Why, if he doesn't want a more equal amount of parenting time?? If he wanted to, he would have done it already.

Cheeseandolivesplease · 23/06/2026 12:16

MeetMeOnTheCorner · 23/06/2026 08:42

Working hours will be considered, but not whether a parent is working or not. It’s about facilitating child care around a work pattern - not telling a parent to work. This is often the case if one parent has very long hours with a commute for example. 50:50 is not usual where working hours vary a lot between parents, for obvious reasons. The needs of dc come first and how parents can best facilitate care. The family courts now have a strong child focussed model and quicker decision-making. Agreement isn’t that difficult here because no SS involvement, abuse, drugs/drink etc etc.

If this indeed was the likelihood of the outcome in court as it currently stands, as father's legal representation I would be advising him either to find another job role, reduce his hours, or give up work completely in exchange for a fairer amount of parenting time.

MeetMeOnTheCorner · 23/06/2026 08:42

Working hours will be considered, but not whether a parent is working or not. It’s about facilitating child care around a work pattern - not telling a parent to work. This is often the case if one parent has very long hours with a commute for example. 50:50 is not usual where working hours vary a lot between parents, for obvious reasons. The needs of dc come first and how parents can best facilitate care. The family courts now have a strong child focussed model and quicker decision-making. Agreement isn’t that difficult here because no SS involvement, abuse, drugs/drink etc etc.

Cheeseandolivesplease · 22/06/2026 19:17

@hereforthelolz I agree with that. Ateotd if father take his proposal re child arrangements to court it is irrelevant whether either parent agree with the decisions reached or not; the judge will make the decision.
If mother is saying currently she is not happy to vary the order but father wishes to, my guess is he will apply to court for a variation.

hereforthelolz · 22/06/2026 19:08

RoseField1 · 22/06/2026 06:04

What the Jeff are you talking about? If the father made a new application to vary the child arrangements the court would make a decision around the child arrangements and the child arrangements only. Whether OP is financially independent or reliant on benefits and who financially supports who is absolutely irrelevant to the question being asked and therefore the court would have no expectation or involvement in their financial affairs at all!

Employment status would be considered though. If the father says he needs to change the pattern to accommodate work; and the OP has no real justification why he shouldn’t (other than not wanting to…it doesn’t interfere with her work schedule), then they absolutely would be asked to consider that angle.

Not the reasons why she’s not working.

Cheeseandolivesplease · 22/06/2026 17:48

@millymollymoomoo A judge will treat mother and father entirely equally in terms of expectations to work, of course. As you say, a judge can’t compel a mum to work in any other circumstances. Neither can they the father. It's all on an equal footing.
If however, for example, father requests 50/50 care of the children and can demonstrate his working hours can facilitate this, then there is no reason as to why the judge would not consider this. Additionally under these circumstances, there would be no child maintenance owed by either party.
But as it stands I agree with you - OP will be expected to accommodate contact around father's shift pattern.

MeetMeOnTheCorner · 22/06/2026 15:00

@Autumngirl5 What do
you not understand? This is about living arrangements, not the financial order.

Autumngirl5 · 22/06/2026 14:20

Goodness that sounds complicated! I don’t even understand it.

millymollymoomoo · 22/06/2026 14:19

I think things are getting mixed here. In a divorce and financial settlement case the court will expect both parties to maximise incomes and generally a father won’t be expected to subsidise his ex lifestyle to be pt or not work ( save a few years interim to get back into workplace)

a judge can’t compel a mum to work in any other circumstances

of course as child gets older IF op is living on benefits ( and we don’t know) then the benefits office would expect that from about age 6 ( I think but stand corrected if different)

in this case as op is not currently working and ex is on shift pattern it’s more than reasonable op accommodates that ( which she has already acknowledged)

Cheeseandolivesplease · 22/06/2026 13:29

@MeetMeOnTheCorner This simply isn't true. Answer this... would the courts expect father to work?
What do you think they would suggest if father reduced his hours/found another job and then requested 50/50?
Judges (quite rightly) strongly expect both parties to maximize their earning capacity and move toward financial independence.
Is the OP doing this?

MeetMeOnTheCorner · 22/06/2026 09:53

The court would not order a mum to work. She’s the resident parent and primary carer. She just needs to be more flexible with dad and his work.

millymollymoomoo · 22/06/2026 08:51

Yes I missed the post where op says she doesn’t work

they why may not be relevant currently, but should op return to work, ( and let’s be clear if she is relying on benefits then she absolutely should!) or if returns when child is at school etc then arrangements will need to be revisited

most cao should be revisited as child grows anyway. Accepting this and being open to review and change is good

RoseField1 · 22/06/2026 08:15

millymollymoomoo · 22/06/2026 07:57

What I think the pp is saying is it’s wrong to penalise a father in terms of child arrangements as he’s working whereas a mum isn’t working and can therefore have child more often - then the natural
comclusion is not working is fine if not on benefits and it’s funded through their own wealth. But if not then mum
should also be working. I would agree with that.

op hasnt confirmed her working arrangements after 5 pages so all this is just speculative and in this context only relevant to the extent does it impact her ability to agree ex proposals which are reasonable

She has, she said she doesn't work. And nobody is penalising the father, OP has accepted she needs to agree to his proposal, especially since she doesn't have work to manage. Again, the reason she doesn't work is irrelevant.

millymollymoomoo · 22/06/2026 07:57

What I think the pp is saying is it’s wrong to penalise a father in terms of child arrangements as he’s working whereas a mum isn’t working and can therefore have child more often - then the natural
comclusion is not working is fine if not on benefits and it’s funded through their own wealth. But if not then mum
should also be working. I would agree with that.

op hasnt confirmed her working arrangements after 5 pages so all this is just speculative and in this context only relevant to the extent does it impact her ability to agree ex proposals which are reasonable

RoseField1 · 22/06/2026 06:04

Cheeseandolivesplease · 22/06/2026 00:48

@hereforthelolz Absolutely. In court there would be an expectation that OP was either working to support her child, or financially doesn't need to.
It wouldn't be the case, if father was asking for additional contact, that he couldn't have it as he was working ft to provide but mother wasn't working at all and so could, for example.
Both parties are expected to be financial contributors as now separate households. The father isn't expected to fully support the mother and child, nor of course vice versa.

What the Jeff are you talking about? If the father made a new application to vary the child arrangements the court would make a decision around the child arrangements and the child arrangements only. Whether OP is financially independent or reliant on benefits and who financially supports who is absolutely irrelevant to the question being asked and therefore the court would have no expectation or involvement in their financial affairs at all!

RoseField1 · 22/06/2026 06:02

hereforthelolz · 21/06/2026 22:21

We don't need to know, but it would be taken into consideration if this went back to court.

The question of WHY she isn't working would not be taken into consideration at all. It's not the concern of the court.

Cheeseandolivesplease · 22/06/2026 00:48

@hereforthelolz Absolutely. In court there would be an expectation that OP was either working to support her child, or financially doesn't need to.
It wouldn't be the case, if father was asking for additional contact, that he couldn't have it as he was working ft to provide but mother wasn't working at all and so could, for example.
Both parties are expected to be financial contributors as now separate households. The father isn't expected to fully support the mother and child, nor of course vice versa.

hereforthelolz · 21/06/2026 22:21

RoseField1 · 21/06/2026 22:05

But nobody needs to know why she's not working or her financial situation. That's just nosiness and judgement.

We don't need to know, but it would be taken into consideration if this went back to court.

RoseField1 · 21/06/2026 22:05

millymollymoomoo · 21/06/2026 21:45

It’s to the point in terms of whether op is working. That directly potentially changes the dynamics of possible flexibility to change child arrangements. If someone’s not working it’s much easier to flex rather than if they are also navigating working logistics.

But nobody needs to know why she's not working or her financial situation. That's just nosiness and judgement.

millymollymoomoo · 21/06/2026 21:45

It’s to the point in terms of whether op is working. That directly potentially changes the dynamics of possible flexibility to change child arrangements. If someone’s not working it’s much easier to flex rather than if they are also navigating working logistics.

MeetMeOnTheCorner · 21/06/2026 20:13

@RoseField1 Yes, it’s tedious. Just because the poster has no experience, she thinks everyone is identical. We have no idea where her money comes from and it’s besides the point.

Cheeseandolivesplease · 21/06/2026 13:59

@millymollymoomoo Absolutely this. I am still interested in finding out how she can afford to support herself and her children as a single parent without working at all. There is absolutely no way I could have managed it.
As you say, it is very likely she will be expected to find work before too long if not immediately, and of course this will make a difference in terms of the arrangements for the children.

millymollymoomoo · 21/06/2026 11:17

It is relevant. Op should be working and if not, should start and at some will have to if she’s not currently. That can impact child arrangements and ability to be flexible and change any advice given here re ops ex requests /demands and whether they’re reasonable to op or not

RoseField1 · 21/06/2026 11:10

Jesus Christ please stop quibbling about the OP's financial situation. It's none of anyone's business and not relevant to the question.

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