Contact order: Giving new dates he can't commit to

[Jamielee444]

My ex has got 3 children with 3 different women. One of them, like myself, is subject to a child arrangements order.
The last 2 times we have been to court he has asked for times and dates which are identical to the times and dates on the other child's order. This time the contact has fallen apart, due to the aforementioned reason. He has AGAIN asked for the times that clash with his other child.
I don't understand why he is doing this. Technically I am not supposed to know there's a clash, but I know the other mother as we try and keep the sibling bond going. He is literally scheduling to pick both children up at the same time, but in 2 different places.
What is he gaining from this?
It's going back to court but I'm worried the court will agree to his times and dates and it will fall apart again. What can I do?

If the order is anything like the one my DH secured for his children it stated ' the mother will make the children available to stay with the father from 6pm on Friday until 6pm on Sunday every other week...

The obligation is on the mother in this case. The order - orders the resident parent to make the children available at these times. It does not oblige the father to do anything. He can turn up and collect them or he can decide not to bother - which is shit but I'm just making a point - not many fathers would go to the trouble and then not turn up. - Anyway what I am saying is that there is nothing wrong with him having the same time for both children- it makes sense. That way the children get to see each other AND he does all his childcare at one time. He can pick up from you at say 5 pm and then go pick up other child at 6pm. Why would that be so strange ?

Is he perhaps angling to have the children brought to his house rather than him going to collect?

If you know there’s a potential issue, you need to tell the court.

He has asked for the same time but pick up from 2 places so both at 5pm, not one at 5pm and then one at 6pm. Thats what I don't understand

You simply explain to the court what you've said here. Is he bringing the other children's cases back to court at the same time? The court might list them all to be heard on the same day and before the same judge (though not at the same time).

How far apart are the children? If it's just 5 minutes then it doesn't matter.

He can just be late for one of you. The order requires YOU to make the child available FROM a certain time. It doesn't require him to be there at the start of that time. He can have 2 orders, same time. (From 5pm for example ) and still pick one up at 6 or 7 or 8. If he decides. As long as it remains within his contact time and 'reasonable'. ( so pitching up when child has gone to bed is not 'reasonable'

@fontofnoknowledge That kind of analysis would get nowhere with a judge. He can be a couple of minutes late but no judge is going to order contact at a time when the parent is either unable or unwilling to be present.

It is important that the OP discloses the information she has to the court before any order is made.

If the ex attempts to collect at 6pm when the order says 5pm, the onus would still be on the OP to make the child available or apply to vary the order to reflect the more accurate collection time.

It would not be a sensible strategy to keep schtum and then attempt to hold a line of “the child was available at 5pm and is no longer available” and thereby obstructing any contact taking place.

While I would expect the court would not proceed with any enforcement action the father may subsequently take, it’s likely to result in further court hearings and further conflict which is bad for the child.

My point is really what is the issue. ? OP appears to accept the child having contact with the father AND seems happy for the child to have contact with her sibling. So why is thetr any issue about the same time. ? Unless they live miles apart and he will be hours late. ?

Thank you so much for you comments.
They have given me lots of perspective.

I suppose the issue is that the OP daughter has severe SEN. And has the same developmental age as DS. Their case went to a section 7 but contact was ordered.

DS had contact a year ago but now refuses to go. He does not have a bond with dad. This is due to the clashes of contact, so dad saw DD and instead of DS, then DS heard the Dad and his family slagging me off on several occasions so it's not a nice atmosphere.
DS is 4

Has he brought the case back to court because he wants to reinstate contact?
When contact was due to take place when he was seeing other DC did he just not turn up to yours?
Why wouldn't you tell the court that you are in contact with other mum and aware that he has scheduled a clash of contact?