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Question re caring responsibility for DC after separation

2 replies

Zipsbuttonsvelcro · 21/02/2020 11:44

I wondered if anyone could help clarify?

Person A and B have been separated several months after being married for 15 years. A left B and moved out. DC are aged 8 and 9. A wants a divorce, but legal proceedings haven’t yet begun. When they separated, they agreed a 50/50 split regarding childcare which works quite well. They both work full time. However, A’s job takes them away fairly frequently (sometimes out of the country) and if this happens during times when A is scheduled to have the DC, they have been getting different relatives (some who don’t really know the DC that well and have no childcare experience) to come over and look after DC. These are not local relatives if that’s relevant.

B has stated that if A goes away, then they wish to look after their own children during these times. However, A says that it’s their week, so they will arrange childcare as they see fit. Before the split, B did the majority of childcare. B feels that the children will be better of being cared for by one of their parents than different relatives.

Going forward, is there anything B can do? Technically, I know B could go and get their children at any time while A is away as they have parental responsibility, but B is worried that A will then stop all communication with them and fight a bitter legal custody battle.

OP posts:
MatildaTheCat · 21/02/2020 11:55

B should get the legal proceedings moving. The children are old enough to express an opinion and I imagine they’d prefer to be with their other parent when A is away.

Would B be flexible about swapping weeks to fit in with A’s travel and allow A to have time with the DC?

Zipsbuttonsvelcro · 21/02/2020 12:05

I think that B would be flexible on occasion, but A would likely then assume they could have the children when convenient to them, so it would work in A’s favour. A has always put work ahead of anything else.

I have been advising B to get legal proceedings under way, but B is nervous as A earns far more and could throw lots of money at a case to get the outcome they want.

OP posts:
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