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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.

If the Court orders 50-50 shared care…

127 replies

Breakingthrough · 20/09/2024 11:51

Can anyone give me real life examples of the likely timescale over which this is built up to? Current arrangement is EOW Friday-Sunday teatime, a midweek visit, half the holidays. Has been like this for 2 years and the children are 3 and 8. If ex wants 50-50 and the court agrees, what sort of staged progression to that are they likely to order? How fast / slow?

OP posts:
TeenToTwenties · 20/09/2024 17:03

I haven't been in this situation, but I would imagine keeping some weekdays fixed with the same parent would help with after school activities.

cuu · 20/09/2024 17:05

Breakingthrough · 20/09/2024 12:30

This is v interesting, I’ve heard others on here say it was a progression built up over 12 months. It would be a big jump from where things are now and a big change from what the little ones are used to.

It wouldn't if they've been spending half the holidays at each house

LifesNotEnidBlyton · 20/09/2024 17:06

LifesNotEnidBlyton · 20/09/2024 16:57

People are usually talking about baby's and very young children (toddler age) when they talk about building up, OP. Cases in which the father has hardly had the child at all, because it's been breastfeeding or something so he hasn't been able to have overnights.

Unlikely to need to build up when the child/ren have an established relationship with their father, and when he already does overnights regularly. Months building up from this would probably just be more stressful for the children, because it means more changes happening over a longer time than just adjusting now, and means that no set pattern can be figured out because it keeps being added to.

If the case is definitely going to court (as in ot is not just him blowing hot air) he will almost certainly get 50 50 if that is what he is asking for, and if there are no serious concerns for the children's wellbeing. As he already has them regularly, and overnight, that is unlikely to be the case. So it would be best if you figure out a proposal now, rather than hoping he doesn't get 50 50 and worrying about it when it happens. He almost certainly will. As he should, as his children's equal parent.

The age of the children might be important for determining a set schedule, so if they are 3 and 8 now it night need to change every few years to accommodate their needs at that stage. Week on week off might be too much for a 5 YO for example, but work well for an older child, so you could do alternate weekends and then split the in-between days.

For example Monday afternoon to Wednesday morning with mum, Wednesday afternoon to Friday morning with Dad, Friday afternoon to Monday morning with mum. Then the second week is the same schedule but with the opposite parent.

You will need to decide on things like whether belongings will move between the homes, and if they do which belongings? For example how will school uniform work, with washing and moving between homes, if the handover is just done by the parent whose day it is getting the child from school, rather than parent to parent.

You will need to be able to communicate about things such as medical appointments. For example if mum makes a dentist appointment, but can only schedule it for the dad's days.

If the child is ill, do they stay at the parents house they are at until better, or do you move them whilst poorly?

How will special occasionss be handled? For example the child's bday, or mother's/father's day. Will the schedule stay the same, or will it be flexible/alternate?

There is a lot that will need to be decided. So of this is definitely going to court it would be best for you to decide how you envisage this working, so you can immediately present it as an option when he is awarded 50 50.

If you really feel it is important to build up to 50 50 then the best you can really do is attend mediation, or work it out privately before it goes to court. Accepting that he will get 50 50 regardless, and at least this way you can save yourself the court proceedings and the abrupt start to the new schedule.

Edited

**babies

Excuse typos. Won't let me edit again.

cuu · 20/09/2024 17:07

People don't get eased into the school run. It's just one day you now have a kid at school and do the school run.

mewkins · 20/09/2024 17:29

Hi OP, not the question you asked but just wanted to let you know that I sympathise with you completely and yes it will be a big leap for the children. It feels especially rubbish that you'd live to have them the majority of the time and know you'd do a great job and his main motivation is money. I hope you come to an agreement which is best for your children. X

millymollymoomoo · 20/09/2024 17:34

I said I don’t think it’s a big jump based on

they already see their dad regularly
they don’t need time to build up a relationship
they are not babies

ultimateLy he’s their dad and us perfectly capable of doing school runs/ organising childcare etc. unless he’s risk to them in which case they shouldn’t be going now

i get that you might not like it but if he can show he can do it he’ll be awarded and likely start immediately- why not prepare your children for that outcome now in a positive manner

millymollymoomoo · 20/09/2024 17:36

How do we know his main motivation is money,? Perhaps op main motivation for not wanting to give 50:50 is money

I know op is saying that’s his motivation, maybe it is, or perhaps it’s not.

babyproblems · 20/09/2024 17:39

Maybe he’ll change his mind after a few months (weeks even) op. Doesn’t sound like he knows what he is wishing for… he might decide he’s better off paying!! Sounds like he’s enough of a twat to choose paying over daily parenting hassle. Lots of luck to you x

HowardTJMoon · 20/09/2024 17:42

Of course. The only reason a man might want 50:50 care of his children is because he's a twat who doesn't want to pay maintenance. It can't possibly ever be that he's someone who loves his kids and wants to spend more time with them.

Doltontweedle · 20/09/2024 17:45

I agree with you it’s shit op, but there’ll be no build up in these circumstances. You have a build up when it’s babies or young toddlers, usually who have previously had extremely limited contact with their dad to the point that he’s pretty much a stranger. At 3 and 8 and already having regular overnights, there’s no need for a build up really. I hope he does realise what he’s letting him in for though, it will be a shock to him if he’s normally a bit shit

titchy · 20/09/2024 17:47

You could always suggest a 5/2/2/5 arrangement rather than alternate weeks.

curious79 · 20/09/2024 17:48

With both I would say immediately. Courts won't stage it, they'll just order it, as he has half the holidays already. So in principle they the kids are fine with him already. English courts favour 50-50 shared parenting (according to a barrister I used), even if kids themselves prefer having a main home (which the research shows they do)

anon2022anon · 20/09/2024 17:48

It is a big jump for you as individuals, but it's not a big jump as if he didn't see them at all. He does know them, yes it's different, but it's just a change, they're not losing either of you.

Honestly, I know it's REALLY hard, but you need to think, worst case (for you, but it's likely), he'll get 50/50. How will that work, are there any preferences you want to ask for?

My sister has set days over a fortnight, so each parent gets a weekend. They have set nights Mon/ Tues/ Thurs, I think, so the kids get to go to activities on those nights with whichever parent whose night it is. Then weds/ Fri/ sat/ sun alternates each week.
School holidays stock to the routine, except for set weeks each year for holidays.
Christmas/ birthdays are alternated.
Care for each parent starts at a set time each day, so you need to decide, if illness strikes, who stays off, the parent who has them at 8am, or the parent who has them from school collection?
Same for childcare fees, is it the person who's dropping them off who pays for that day, or who's collecting them?
Please get this as part of the contract, so you don't end up being responsible for paying more than 50%.

Expect him to be a dick- to apply for 50% of the child benefit if he can, to try and wangle out of payments. Try to think of every way he can come at you, and cover it in the contract.

A good scenario out of this might be that he gets the 50/50, and decides he doesn't want it. It can be reviewed after a year (I believe that's the regular time), so if he lets them down or they are struggling, make notes for going back then.

I am sorry you're going through this, I just do think going in prepared for this is the best- you don't want to be the one on a back foot.

mewkins · 20/09/2024 17:48

millymollymoomoo · 20/09/2024 17:36

How do we know his main motivation is money,? Perhaps op main motivation for not wanting to give 50:50 is money

I know op is saying that’s his motivation, maybe it is, or perhaps it’s not.

Op states it a few posts in. And the fact he regularly cancels the midweek visit and has never done a school run doesn't scream 'I'd love to spend more time with my kids'. Yy, we only have OP's side to go on I know.

ItWasOnAStarryNight · 20/09/2024 17:52

There's plenty of parents that have never done a school run or have done very few. Those that work away or have to start work before, gasp, 9am.

That doesn't mean he shouldn't have them 50/50.

It's not a massive increase and they are old enough. You already do 50/50 on the weekends and in the holidays

curious79 · 20/09/2024 17:54

We did alternate weekends and cut the week in half in two week cycles:
eg
with Dad Friday after school through to delivery to school Monday morning,
With Mum - Monday to Weds
With Dad - Weds after school to Friday a.m back
With Mum over weekend.

So never a full week apart (important for the 3 year old) but no breaking up the weekends so you can actually do something nice with it

Newwindows · 20/09/2024 17:55

My friend did -after school Monday to school drop off Wednesday with dad so mum could work longer days, after school Wednesday to drop of Friday with mum so dad can work longer days and then every other weekend from Friday after school to Monday drop off.Seemed to work OK but they did all live in the same small town.

curious79 · 20/09/2024 17:56

Sadly even if he's a totally useless <**t he'll still get this. I endured years of HW never done on days with Dad, missed sleep, persistence lateness and absence. They have to be abusive or really do something bad before courts will side with you.

Sorry - I feel your pain as you already know what a useless tw@t he will be

SleeplessInWherever · 20/09/2024 17:57

curious79 · 20/09/2024 17:54

We did alternate weekends and cut the week in half in two week cycles:
eg
with Dad Friday after school through to delivery to school Monday morning,
With Mum - Monday to Weds
With Dad - Weds after school to Friday a.m back
With Mum over weekend.

So never a full week apart (important for the 3 year old) but no breaking up the weekends so you can actually do something nice with it

This is the exact cycle we have.

Drop off time is the same whether it’s to parent or school.

If there’s a need to stay off school then whoever is receiving the child that morning is the one who takes the day off/needs to sort childcare.

School holidays the exact same pattern, with drop off at usual school drop off time etc, with the exception of if someone goes away on holiday. Weekends can be swapped for events that aren’t movable, but are then “paid back.”

Breakingthrough · 20/09/2024 18:19

To the posters who are doubting it, he’s literally said it’s because he doesn’t want to pay maintenance, he was fine with it not being exactly equal til he realised how much it would cost him.

OP posts:
Breakingthrough · 20/09/2024 18:20

Curious how many of these responses are based on first hand experience? As I’ve heard from others where they have had contact built up over a year, at similar ages and from a similar place.

OP posts:
Bananapancakemaker · 20/09/2024 18:32

So why don’t you propose a staged transition to 50/50 OP? Directly to your ex, without going to court. You could do it through solicitors or mediation if your co-parenting relationship is that bad, but if it’s generally been alright then you could just email him the suggestion. With that pattern I’d suggest turning the Weekday visit into an overnight, then adding a second weekday overnight after a month or two. So if they normally visit on Wednesday turn Wednesday into an overnight, then add Thursday. Then after a while (another month?) make the alternating weekends Friday to Monday morning and it will be 50/50.

Breakingthrough · 20/09/2024 18:38

ive tried all of that. Talking, inviting him to mediation, emailing, suggesting reasonable plans. No engagement, no consideration of how the children are and what their life would be like in different scenarios. Just verbal abuse and shouting about his right to 50%.

OP posts:
Breakingthrough · 20/09/2024 18:40

Also, I don’t believe that an exact 50/50 is right for these kids, in these circumstances. Its important to have a good relationship with both parents but that doesn’t have to mean an exact equal split of nights.

OP posts:
Breakingthrough · 20/09/2024 18:58

I actually hate the automatic ‘why shouldn’t he have 50%’ brigade. Newsflash: PARENTS DONT HAVE ANY RIGHTS TO THEIR CHILDREN. It’s the children who have rights. There are lots of reasons that it might be better for them to have something other than the exact numerical split that means no maintenance.

OP posts:
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