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Would court support every other weekend contact with an inconsistent ex?

34 replies

E1932 · Yesterday 16:02

My ex and I have been separated since June 2024. He suggested every other weekend as his contact. Before he left, he worked away sunday evening to Friday morning. I have been the primary caregiver and secure attachment to my 3 year old since birth. Since leaving, he has been incredibly inconsistent. Cancelling multiple times for personal holidays, family visits, work. 5 months after leaving he tells me he has met someone, is moving 50 minutes away from my child (as he doesnt know anyone) and conveniently means hes closer to the new gf. Stating he wants to see child more when his life is more settled in January. This coincides with his move and him stating when he woukd introduce my child. He moved in with this woman and did not tell me. I found out after sending divorce paperwork to the old address. He stated he didnt live there anymore and was moving to a new town 30 minutes away from primary home next week. Had to bave contavt in a temporary housing for the weekend. The whole relationship lasted 11 months. He stated he ended it as child's behaviour not good for our child. 3 months kater, a new woman and child was introriced to my daughter. He did not tell me this was happening. Now less than a year after meeting he has moved in with her. Again, I was not informed. Only told me the address when I asked. In July, he reduced his contact time iver 2 weekend blocks to go away. He saw child for 22 hours within a 6 week period. Told me this was happening. Did not ask. I quietly absorb. 2 weeks later he says he wants more time, I say no as he is not consistent with time he does bave. He tells me he will be seeking a fornal route. I say thats fine. 2 weeks later attended 1st day of pre school but has to ask me what time it starts the nigjt before. 1st day if pre school I am sent a formal letter asking for a significant amount of more time and it says we will go to mediation and court if no agreement can be made. He has moved roughly 6 or 7 times in 27 months. Rushed child into 2 co habitation and different family dynamics in that time. Has cancelled at keast 16 times. Additional mid week comtavt was trialled. I had to stop them because he cancelled so often. I offered 2 additional hours to his weekend at the same time. I have facilitated hokidays, additional time and changed consistently. Proactively tried to arrange meaningful x mas time, birthday time and father's day. He declined additional x mas time. I have had multiple court threats when I set a boundary. I get accusatory messages right before asking for more time and litigation threats. Constantly lectures me about how we need to come parent better. Asked if my 2 year old coukd go ton hokiday gf he has known 4 months that I had never met. I said no. He went anyway and missed contavt time. Blamed me, said I was restrictive and threatened court. I facilitated a hokiday in UK with new gf. Tried to compromise him doing it over his weekend but extend it to keep routine. Said no those are the dates. I had to tell him by the end of the day. This hokiday did not happen as he broke uo with gf. Instead took child to see family in UK. Asked fkr child's passport as were flying down. I gave it to him no problem. He has not asked for a single hokiday block this year before proposing a significant increase in time. I bave asked a solicitor to review evidence, sent my proposal and have asked for a consent order. I bave proposed every ither weekend. Father's day birthday and Christmas Day evening to boxing day contavt and 7 consecutive hokiday block. Bank hokidays if it falls on his weekend. Please let me know your thoughts if this were to go to court, how would cafcass and a judge view this. Is my proposal likely to be agreed with?

OP posts:
Roosthename · Yesterday 16:04

What does he want?

Roosthename · Yesterday 16:05

All the back story is largely irrelevant

E1932 · Yesterday 16:06

Friday to Monday every other weekend. Week day over night every week. 50 50 for holidays.

OP posts:

Interested in this thread?

Then you might like threads about these subjects:

Grumblegrumblegrumble · Yesterday 16:06

How much contact is he asking for and what do you want to offer him? How old is your child?

E1932 · Yesterday 16:08

Shes 3. I've stated my proposal in the post 🙂

OP posts:
Roosthename · Yesterday 16:10

You expect him to tell you about his relationships and whilst that would be considerate, he doesn’t have to tell you a damn thing!

Roosthename · Yesterday 16:10

E1932 · Yesterday 16:08

Shes 3. I've stated my proposal in the post 🙂

Deleted

Roosthename · Yesterday 16:11

E1932 · Yesterday 16:06

Friday to Monday every other weekend. Week day over night every week. 50 50 for holidays.

He will very likely get it

the reasons as to why you don’t want him to will be roundly dismissed as irrelevant

Grumblegrumblegrumble · Yesterday 16:12

E1932 · Yesterday 16:06

Friday to Monday every other weekend. Week day over night every week. 50 50 for holidays.

Is this your suggestion? What did he want?

If he is asking for this then the courts will probably agree but you can ask for a slow build up.

AgnesMcDoo · Yesterday 16:13

His relationships are not relevant.

he’s been in DDs life often enough for court to award this level of contact.

E1932 · Yesterday 16:13

No my post states since birth as he worked away. He has only ever been a weekend dad and for over 2 years since leaving (when she was 18 months) has been chronically inconsistent with every other weekend. My lawyer says I have a strong case but court can be unpredictable.

OP posts:
Roosthename · Yesterday 16:15

E1932 · Yesterday 16:13

No my post states since birth as he worked away. He has only ever been a weekend dad and for over 2 years since leaving (when she was 18 months) has been chronically inconsistent with every other weekend. My lawyer says I have a strong case but court can be unpredictable.

I would be floored if he doesn’t get the very reasonable amount he is suggesting

how is he with paying cms?

E1932 · Yesterday 16:16

As the prinary care giver, it is expected that he needs to tell me about house moves for safeguarding reasons as this is where my child is sleeping. CAFCASS also support this. It is highly likely a court would order that any house moves should be information the primay care giver must know

OP posts:
Roosthename · Yesterday 16:16

This hokiday did not happen as he broke uo with gf. Instead took child to see family in UK

detail such as this - utterly irrelevant

Roosthename · Yesterday 16:17

E1932 · Yesterday 16:16

As the prinary care giver, it is expected that he needs to tell me about house moves for safeguarding reasons as this is where my child is sleeping. CAFCASS also support this. It is highly likely a court would order that any house moves should be information the primay care giver must know

Nope you’re wrong there

you could have a situation where the split has have violent, acrimonious. Each parent is perfectly entitled to keep their address private

E1932 · Yesterday 16:18

Its not as he paints me to be restrictive. I facilitated holidays and gave him her passport.

OP posts:
Roosthename · Yesterday 16:19

E1932 · Yesterday 16:18

Its not as he paints me to be restrictive. I facilitated holidays and gave him her passport.

Yes. All good.

but what he is asking is reasonable and I would be very surprised if court doesn’t agree to it

E1932 · Yesterday 16:23

Its not reasonable when he can't commit to every other weekend as he sees parenting as a choice. Cancelling his time for holidays, because she is unwell etc. My lawyer agrees that I have a strong case. His 7 moves in 27 months across multiple different towns and how these moves are driven by relationships( which i can prove from his texts) are a major red flag. It is convenience and performative parenting.

OP posts:
Roosthename · Yesterday 16:25

When is court?

OP your solicitor is charging you for this. Many self represent. How much are you spending? Is he self representing or solicitor?

OP - as I say, him chopping and changing plans in the past is not going to derail his reasonable suggestion. maybe if he was asking for 50/50, but he isn’t. Much less.

Roosthename · Yesterday 16:26

Does he pay cms regularly?

E1932 · Yesterday 16:30

The lawyer actually said that i am being very reasonable and fair and that if I did not have pages and pages of text evidence and he was consistent she woukd be telling me something very different. He has been chronically inconsistent for over 2 years. His interest in more time is directly driven by relationships. Its a pattern I can prove. She has never had a solid second home as he has moved so much and has never been a day to day care giver. If yoh look at the welfare checklist (which is what judges use) it is not in her best interests to provide him with this time. He worksshifts, has a volatile housing situation and is inconsistent. I have multiple messages from his asking what her routine is, what size shoe and nappy she was in. My proposal gives him meaningful time and is clearly structured so I do not bave to keep dealing with the conflict.

OP posts:
Billy47 · Yesterday 16:34

I would agree to build up towards what he wants. If he wants EOW Fri - Mon and one mid week day. Id ask him what mid week day can he be consistent and add that immediately. So he picks up from nusery on a Tuesday and drops the child back to nursery on a Wednesday. Id leave the weekends the same for now so she can get used to the weekday add. Realistically, ges inconsistent and he's not going to maintain it. The school run is a ballache.

in the meantime id record everything. Every cancellation, late pick up, sickness ect.

Roosthename · Yesterday 16:34

E1932 · Yesterday 16:30

The lawyer actually said that i am being very reasonable and fair and that if I did not have pages and pages of text evidence and he was consistent she woukd be telling me something very different. He has been chronically inconsistent for over 2 years. His interest in more time is directly driven by relationships. Its a pattern I can prove. She has never had a solid second home as he has moved so much and has never been a day to day care giver. If yoh look at the welfare checklist (which is what judges use) it is not in her best interests to provide him with this time. He worksshifts, has a volatile housing situation and is inconsistent. I have multiple messages from his asking what her routine is, what size shoe and nappy she was in. My proposal gives him meaningful time and is clearly structured so I do not bave to keep dealing with the conflict.

Right well good luck then

let us know how you get on

Roosthename · Yesterday 16:35

Has he been paying cms??

Mumofoneandone · Yesterday 16:50

Due to his unreliability, cancelling, frequent address changes I would propose a morning or afternoon visit for him every other weekend. If he can maintain that for a year, it goes up to a day every other weekend. If that works, it goes up to a longer period of time (overnights have to be conditional on improved /consistent accommodation).
If he misses a week, that's tough on him, he doesn't get a different time instead.
You just keep a record.
Also, phrase things with your DD to try and prevent her being any more upset than she possibly is. Along the lines of hopefully we'll see daddy......but if not then we will.....and have some gentle backup plans or activities.
Keep everything child focused and what is in her best interests, safeguarding etc