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Can he do this

39 replies

whatsthedealhere · 09/02/2020 19:14

My ex husband took me court last year for regular access to our children. A court order was granted against my wishes at 3 days a week and there has been no change since this. He has now said that he needs to return them an hour earlier midweek as there is a temporary change in his circumstances. Can I make him go back to court to get this changed?

OP posts:
Ariela · 10/02/2020 13:44

Personally I'd just document it, make sure you have it in writing - email or text - that you've got them 3 hours more per week. I'm sure there will be other changes in time, so document those and eventually you'll have enough extra hours to gain more maintenance.

keyboardwarrior1 · 10/02/2020 14:00

This kind of attitude will have a massive detrimental effect on your children which will impact on them for their entire lives.

Put your childrens’ interests first.

ThePants999 · 11/02/2020 15:23

It's the principle of it. He took me to court to get this access schedule and now wants to change it. Why should I just go along with it

Your principles suck.

He took you to court because you wouldn't give him adequate access to his children at all. That doesn't mean it's now reasonable for you to insist on re-involving the court for every bit of logistics. Just be an adult.

Butterflyflower1234 · 11/02/2020 15:28

He took you to court because clearly YABU. You'd rather put your children through more issues and less money over one hour due to principles, how pathetic.

HollowTalk · 11/02/2020 15:28

I'd advise you to say, "Oh that's BRILLIANT! Thank you!" if you don't want him to do it again. But if you are free then and want to see your kids, just don't say anything.

mildlymiffed · 11/02/2020 15:42

Honestly, be the bigger person and accept it if you can do it. Don't fanny about. It's only the kids who end up caught in the crossfire. They'll hear you discussing it with people- they know that you aren't fond of each other. Please, just know that you're better with him and accept it. Is it that his working patterns have changed? I always think it's handy to have such occasions in the favour bank in case you ever have to cash in.

LittleDragonGirl · 13/02/2020 09:33

Very likely going to court over a tempory change in circumstances wont go well with the court. Also you set a precedent that changes wont be agreed outside court so if you ever need some flexibility you will very likely be hit with a very stern no by your ex or the threat of court every time. And as time goes on you very likely will find yourself in situations where you require some flexibility from him

1moreRep · 13/02/2020 09:44

jesus get over it, put your kids first.

do you love your kids more than you hate your ex? then be amicable or else you will destroy their childhood

the principle!?! seriously, think of your children dreading their wedding because their parents can't sit together.

Sorry but you had children together a bit of give and take is to be encouraged to show your kids a good example

plus 3 days a week is a good split as they get time with their other parent, how would you like it if you needed to take your rx to court you see your kids 3 days a week

Clangus00 · 13/02/2020 09:53

An hour!?
You're insane if you think this is worth going back to court for!
Wow.

getyourarseoffthequattro · 13/02/2020 09:57

its an hour of your life - why do you want to take him back to court? revenge? spite?

or because it is genuinely in the best interests of your children?

if its not the last option, dont do it.

TheJoxter · 13/02/2020 09:59

@Ariela eventually you'll have enough extra hours to gain more maintenance.

Maintenance is calculated by the number of overnights not the number of hours.

Ariela · 13/02/2020 15:03

@TheJoxter
I can imagine if he's already expecting OP to pick up the hours he cannot make that it won't be long before a particular night is an inconvenience where he doesn't want the kids overnight.

itwasalovelydreamwhileitlasted · 13/02/2020 17:33

Were you refusing him regular access to his children in the first place?

For just an hours change you're being a bit petty

Tini17 · 15/02/2020 11:49

How very petty.
I wouldn’t imagine the courts would look favourably upon the application, especially as they are so clogged up.
I’m presuming you ended up in court because you couldn’t agree contact in the first place?
I would reflect on your principles OP.

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