Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Changing contact days - who gets the final say?

27 replies

Namechangefamilymember · 28/09/2023 23:55

I'm interested in hearing views on a current family situation regarding changing contact days.

Child is under 10 and parents have been divorced for a number of years. Childs main home is with Parent A and spends two nights a week with Parent B.

The two nights with Parent B are during the school week so Parent B collects child from school Tuesday afternoon and Parent A collects child Thursday afternoon etc.

Parent B also has child during school holidays (not completely but a significant amount).

In the last 6 months Parent B has a new job and has asked to change contact days. The set-up would still be the same (i.e. 2 nights in a row with collection / drop-off at school). Parent A has said no. This means that Parent B is loosing income due to pattern of shifts but has continued to have child on original agreement. There is no logistical reason why Parent A can't accommodate the request - for example their working hours or other commitments.

Parent A has said the only option is to stick to current agreement or not see the child.

There is no previous court agreed access arrangements.

What are the rights of both parents in this situation? Personally I would hope they can sort it out between the both of them but does Parent A have the right to unilaterally decide contact days can't change? Could Parent A go to court and insist days remain the same or could Parent B get them changed?

And, if one parent did decide to actually go to court would it be a very lengthy / expensive process?

Any advice appreciated!

OP posts:
Nikki75 · 09/12/2024 11:01

Mediation doesn't always work ... Arbitration is less costly than court if you can both agree on an agreement.
Sometimes work patterns do change on both sides and it is legally binding mediation isn't.

prh47bridge · 09/12/2024 12:39

HeddaGarbled · 02/12/2024 20:30

Parent B should not have changed jobs and then expected everyone else to change established arrangements to accommodate their unilateral decision.

We don't know if parent B changed jobs voluntarily. One of OP's comments suggests it may not have been. Even if it was voluntary, are you saying that parent B cannot go for a better job just because it involves changing contact days from Mon/Tue to Wed/Thu?

If this ends up in court, I would expect parent B to win.

New posts on this thread. Refresh page