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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.

Help needed re residency arrangements please

27 replies

HavingAnOffDAy · 07/06/2017 21:56

Hi

I'll be as brief as possible but include what I think is relevant to avoid drip feeding.

ExH & I separated almost three years ago, I moved out two years ago & we've since divorced.

He's in the ex marital home & bought me out - 50/50 split of assets.

When I moved out (June 2015) we also agreed 50/50 residency for our 2DC. This continued to be the arrangement until January of this year when ExH changed jobs. Due to shifts he now has DC one week night & EOW.

At the weekend he told me that his partner & one of her DC will more than likely be moving in soon & that he'd like to go back to 50/50.

Their plan is to move our youngest DC into the box room, and her DC into his room. There will still be another spare room which they'll keep for guests/her eldest DD (at uni).

I have concerns around the impact on our youngest DC as he's only 6, and I think moving him into a tiny room at a time when his home life is changing again will be really unsettling/upsetting for him, especially when he's just got used to being with me almost full time.

But also on the nights they're with ExH he won't be there either at all in the evening (2-10 shift) or in the morning (6-2 shift).

I want to tell ExH that we should stick to our current arrangement of him having DC one night & EOW but think he would challenge.

Would the court be more likely to agree with me, given that ExH won't be the primary care giver when the DC are at his house?

We agreed the 50/50 split without mediation etc so I've no idea how things like this are viewed.

TIA for any advice Flowers

OP posts:
glenthebattleostrich · 10/06/2017 18:09

But mediation won't work with bullies.

HavingAnOffDAy · 10/06/2017 18:14

I'm absolutely open to mediation & my understanding is that we'd be required to attend this anyway before we'd get anywhere a court.

If exh can sort his shifts so that he's there in the evenings I've no issue at all with the DC going to his, which is what I'll tell him. Likewise if our DC want to be at their dads with his GF when he's not there, I'll suck that up too. I just don't think he can assume we'll go straight back to 50/50 just because his gf is moving in.

OP posts:
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