Will he get 50/50?

[tiredmummy98]

I have a court order in place with my sons dad. But now he's got a new job and wants 50/50 as he's picked a job completely unsuitable to court order.
He has also started not bringing my son home when he's supposed to, multiple times he's kept him for way longer than he's meant to and being verbally abusive.

He's asked me if he can start having my son on 3 of his 4 days off which alternates every week due to his job which I feel is unsettling for my DS.
When he takes me to court, would they allow this?

Are you the OP whose ex is cabin crew?

So courts favour 50/50 if both parties are on board with the arrangement. Generally, they like this if there is no recent history of abusive behaviour or hostility, because given the frequent handovers there needs to be open and clear communication. What happened when your ex DH failed to drop off your DS?

How old is your DS? A court will prefer a very clear instruction on the time spent with each parent, rather than lots of alterations or confusing schedules. Could you book an appointment with a solicitor to discuss both the change, and also what they suggest given your exes propensity to abusive behaviour?

My DS is 5, his dad and I normally split the holidays between us. But on two occasions his dad has kept him for the entire holiday and point blank refused to bring him home.
Also on the days where my son sees him during the week he usually comes home at 7pm. His dad has started telling me last minute he can't bring him home because he's been called into work which results in my son sleeping over.
I've now had to inform the school of him because also he's started telling me he will be picking DS up on the days when he's not supposed to.
He blackmails me constantly, makes lies up about me and my family so now we have to record handover, he says my son deserves better than me and all this nonsense since I won't agree to 50/50.

I have spoken to a solicitor about his verbal abuse and she's written a letter to him saying not to contact me.
I'm yet to speak to her about the 50/50 situation as we've only just discussed the verbal abuse.

OK, so in effect he's breaking the court order by refusing to return him to your residence at the arranged time. What is outlined in the court order currently?

What do you do when he refuses to bring him home? In my situation, if my ex DP refused to bring our DS home when arranged I would be raising an emergency court order to get my DS home. Also, this repeated pattern of refusing to return your DS back to you will possibly count against him in any pursuit of getting 50/50 as he is demonstrating that he does not respect the arrangement.

I've also had the manipulation, accusations and threats as the parent, it's horrible and you absolutely need to collect evidence of this happening and submit to your solicitor so she has an overall perspective of his behaviour. Your solicitor will probably recommend to the court that the arrangements stay as they are as your DS is experiencing upheaval from his dad's actions already, never mind the concept of moving to 50/50, but I obviously can't say from a legal perspective whether they would grant it.

I would book in a long session with your solicitor to discuss your exes intentions and in what way you disagree with the motion to move to it. Out of interest, how does your DS feel about the concept of spending more time with his father?

You again? Don’t your threads keep getting deleted?

(If you’re the poster who keeps going on about the ex who works on a plane)

No that's not me lol