Court and childcare - help!

[autumngirl714]

Please can anyone provide me any advice if you have been in my position.

2 children have been in a childcare arrangement between parents for 6 years. Stayed with parent 1 for 2 nights and parent 2 for 5 nights. This has been consistent and not changed in 6 years.

Parent 1 wants changes to routine which haven’t been able to be met by parent 2 as they logistically do not support the children. Parent 1 now saying they want 50/50.

has anyone here been through the court process and can advise how likely a court would agree to a leap for 6 years of 2 nights to 50/50? Eldest child is 10.

I know it is always “what’s in the child’s best interest” which is what parent 2 feels they are fighting for.

Please be gentle with replies. Is anyone able to provide any advice?

There are so many factors that go into deciding custody, the courts look at what is beneficial for the child over what one parents deems as “fair” as upsetting as that can be, especially if you are the parent who has done the lions share of the parenting for several years.

When making the decision the courts will look to see that parent 1 has a practical and consistent plan for schooling, health, and activities, i.e can they get them to school/Gp appointments/extra-curricular activities. They will want to see that parent 1’s home is safe & stable (which I am assuming it is if they already have 2 nights a week)

Im assuming you are parent 2 in this situation, why do feel 50/50 wouldn’t work?, you’ll need to be able to answer this logically/practically, not just because you believe it’s unfair or you think parent 1 cannot provide a safe/stable environment without proof.

Firstly I would have a chat with DC, asking if they are happy with current arrangement and how would they feel if they had more days with parent 1. Personally you would hope that if the current arrangement has been working well for over 6 years, then the Court won’t want to upset the DC by changing to 50/50. What are the reasons for parent 1 wanting this, do you know.

If dc is now older the court is rightly going to understand that it’s time to ask the child what they want plus there will be different considerations. Just because it was 2/5 doesn’t mean it needs to stay that way. If money is involved, the court will take a dim view if that is the reason the resident parent wants more contact, they have had 6 years to increase earnings