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Legal matters

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27 replies

nottonightjoesphine · 19/09/2014 17:13

Does anyone know if inset days are included in school holidays? MIT child's are always tagged onto the end of her school holidays and my ex wants to include them as part of the holidays. This isn't always helpful though.

OP posts:
WellWhoKnew · 27/09/2014 03:30

If you're asking for legal advice on very specific details - it's either because you want to impose specific details or you are being asked to.

The reasonable person (man or woman) doesn't concern themselves with the minutiae of a situation - they just know that it all pans out over time.

The good negotiator (man or woman) doesn't try to get everything their own way. They determine their '1)must haves, 2)wants, 3)would likes.

And then they trade accordingly. Your 1) is non-negotiable, their 3) is your concession. The 1)s are never traded. The 3)s are always traded. The 2) is compromised.

Your 'must have' in this situation is your holiday the way you want it.

What are you prepared to trade this for? Would he like an extra weekend? Find out what he 'would like', and trade for your 'must have'. That way you get what you want. But he gets a 'would like'.

The courts are a last resort and a costly one. You know what you want - but don't for one minute think you can get it because of some technicality, or because you feel it's right. F

igure out what he would like in return and exchange it for your 'must have'. You both still 'win'. Best of all: your child wins.

It's truly difficult to step back because all of us are full of why we feel we are right. But so is the other person.

I hope that approach can resonate with you.

I feel your pain as a parent - but discussing 'hours' of contact is the route to hell for the rest of your life. You may say: But that's what he does.

I'm asking you to think about your needs and hoping I've outlined an approach that can work for you.

And that's my experience of dealing with very dogmatic people over the years. We can't tell you that you are right to approach your problem in the way you are, we an only tell you how to manage it from our own experience.

And I know you'll reply to this by saying: But he'll do "splat".

Figure out his 'would like' and offer it twice over, to get your 'must have'. But please, just agree to what he states he wants to enable your 'must have'.

If it's to his genuine benefit, he'll accept it. If he doesn't, do it anyway, and have him take you to court.

Sometimes bullies just need standing up to. All you have to do is prove you are a reasonable human being. Work on being reasonable, despite the connection to the unreasonable.

Take care.

nottonightjoesphine · 27/09/2014 18:41

Thanks everyone, lost dad - it is is very poorly worded, to the point that he exploits every aspect of it and if it isn't written there in black and white, he takes than to be an assumption, it's so tiring.
I very much like the idea of trading but unfortunately he will not engage. He regularly asks for flexibility, pressing upon the importance of it for the child's well being and how damaging it would be if I don't allow it. For example he registered her at a sports club and now enters her for events in 'my time' and asks me to take her to the practise, (but excludes me from the showcase). He knows I won't say no because our child really enjoys it. He however has stopped her from attending a club that she's. Been going to for two years because it now falls on 'his time'. He never simply says 'no' by the way.....it's always followed by a diatribe on how I have no right to enrol her in activities in his time, how I'm trying to interfere in his relationship with child, and how I have no respect for his family.
In spite of this however, I'll take your advice and continue to appeal to him.

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