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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.

Flexible CAO?

3 replies

brownbanana30 · 17/08/2024 17:48

Hi I’ve posted here before and asked some other questions but NC just to make less identifiable.

My ex and I split up when I was pregnant, he was adamant didn’t want the baby, threatened suicide etc etc.

Notified when DC born, denied paternity, had to go to CMS, sporadic contact every 4-6 weeks…

When DC was around 6 months old he apologised for his behaviour and begged for another chance which I gave (blamed MH, said I was the love of his life, I know it sounds silly and I should never have given another chance given the above but it’s too late now). Not living together as a lot to work through but spoken about that if things were going well we would buy together (his idea).

Began to spend time together as a family and couple/including with his family. Holidays and trips away together. ExDp works away so I did a lot of travelling while on my maternity leave in order to facilitate the contact/our relationship.

Started to notice after a while (been almost a year) that it felt like it was myself doing all the running around, and that often when exDP had time off he was spending it doing what he wanted/with friends/going out rather than being together as a family, which felt odd.

After querying the status of the relationship he said that he didn’t consider us to be together and completely rewrote history.

I decided from that point that I would no longer be a pretend girlfriend, and would not be travelling to him/giving him sex/bringing his child to him/pretending to be a family/or sending him daily texts and photos about his child given we are not together.

I asked him which set days he would like his child but he won’t commit to anything due to working away, says “we” (him, his mum and dad) want DC on an ad hoc basis due to his work, and that I’m being really inflexible. I want stability for DC and also myself as I work full time. I don’t think it’s fair for him to rock up week by week and decide what suits him and his work. DC attends nursery locally so I can work and is very happy and settled.

ExDP now says he is taking me to court and will be asking for an ad hoc arrangement and that he will be given this due to the nature of his work. An “exception” he has called it. Apparently a solicitor has told him this. He says if it’s a no he will have set days however his parents will be having DC due to his work.

I will be speaking to a family solicitor but does anyone know the likelihood of him getting a flexible arrangement? Im afraid I’m going to be permanently beholden to him if this is the case.

He lives 2 hours away if this makes any difference!

Many thanks

OP posts:
LemonTT · 17/08/2024 18:13

Provided he shows he is committed to a stable relationship and has made every effort to regularise his work pattern then a court could put the onus on you to be flexible. It all depends on why you aren’t able to fit in around his work.

Basically you should both be making an effort to facilitate the child’s needs. Which includes time with their father and extended family.

brownbanana30 · 17/08/2024 18:24

LemonTT · 17/08/2024 18:13

Provided he shows he is committed to a stable relationship and has made every effort to regularise his work pattern then a court could put the onus on you to be flexible. It all depends on why you aren’t able to fit in around his work.

Basically you should both be making an effort to facilitate the child’s needs. Which includes time with their father and extended family.

Thanks for your response.

He won't be able to stabilise his work due to the nature of what he does, can't really say much more as outing.

Why would the onus be on me to be flexible, it seems very unfair? That I would not be able to plan ahead due to having to accommodate his ever changing schedule?

I know it's about what is best for the little one, but am I not also entitled to a stable life where I know what I am doing and am not tied to a man who can just let me know week to week when he wants to see his child?

Im happy for my DC to have a relationship with grandparents and I have been facilitating it already, however if he is always away and they are having my DC instead I'd just question if that's in DC best interest. I also have concern as his parents are elderly and previously when they were looking after DC (they haven't watched Dc since), DC pulled a chest of drawers onto themselves and were lucky not to be seriously injured. ExP DM was sat on her phone in the lounge and my teenage son witnessed this, my exMIL was supposed to be watching the children while I worked.

I also have older children (from first marriage) who live with me 50% of the time, and I'm trying to consider my LO time and relationship with them also,

OP posts:
brownbanana30 · 18/08/2024 10:05

Bump

OP posts:
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