Allnew ? god only knows I understand how you feel!
Just because a judge said 10 years ago that ?access? was from 6pm on a Friday, why does that mean it has to be adhered to, to the minute, when the children are the ages they are?
Why indeed. DH?s consent order doesn?t even state days/times, just the ?alternate weekend with midweek night? phrase, and yet even now, the original pick up/drop off times are still set in stone. If we go out on a Sunday afternoon, even if we drive past DSS?s door at, say, 4.45pm, we can?t drop him off, we have to go home and ?hold? him til 6pm. And then drive him back home. The frustration is hard to describe.
Your situation isn?t helped by having DSS13, whose reliance on the rota is (slightly) more understandable than DSS16?s ? I?m sure the ex relies on the fact that having the arrangements for the younger child makes it more sensible (in her mind) that the older child sticks to them too.
But your DH?s insistence on keeping to time is really annoying. My DH will never be a minute late picking DSS up, but doesn?t worry about taking him home a few minutes late, in other words a few minutes extra access if fine, but if we end up having a few minutes less, then that?s not acceptable.
I think your DH?s ex is a slightly different creature to my DH?s ex. It sounds like your ex is a complete control freak, who will give everyone hell if her wishes aren?t respected, which probably explains why the boys get nervous if they?re likely to be slightly late home. My DH?s ex is slightly different ? she?s hell bent on ensuring that DH does every single minute of parenting that he?s supposed to, and if he ?gets away with? 5 mins here or there, then he?s shirking his responsibilities and not doing enough. However both scenarios are about control.
Last year?s attempts at flexibility fell down mainly because the ex felt that if DSS wasn?t having the correct amount of overnight stays with us, then she should be entitled to more maintenance. She threatened to go to the CSA. She had a go at DSS about this, DSS got upset, and DH would rather sail on an Italian cruiseliner than subject DSS to the wrath of his mother. I did point out to DH that if DSS has his evening meal with us, and then goes home, then surely we?ve born the cost element of the evening, but DH wouldn?t have it.
As an aside, I made my own enquiries with the CSA about this. Their response was interesting: as DH?s doesn?t pay through the CSA, they wouldn?t be interested ? however even if DH did pay through them, they only look at how many ?overnighters? take place on an average week, they don?t make adjustments for adhoc changes (heaven forbid) and more interesting still ?it?s hard to set an overnight arrangement for an older teen as they?re usually developing a social life by that age ??? so even though the threat of the CSA was an empty one, it was still enough to scupper things.
But back to your original post: unless you can get DH on side, challenging this is going to be a non-starter. I say this from the position of bitter experience. If your DH and the two DSS?s both desperate to appease the ex, then you?re outnumbered before you start. It doesn?t help that (as in our household) you have stepchildren who can?t entertain themselves, so they?re never going to have the drive to do anything which breaks the pattern.
I assume you?ve tried to talk to your DH about this, is there any chink of light?
Just to give you a little hope ? we changed the arrangements to accommodate Christmas/New Year, and DSS was fine about it, and I felt DH relaxed a little. This coming week will be interesting; DH is working away Tuesday-Friday, and can?t pick DSS up at 6pm on Thursday for the start of the access weekend. So he said he?d pick him up at 6pm on Friday instead, and will STILL TAKE HIM HOME AT 6PM ON SUNDAY, ie we won?t have to have him for an extra night at the end of his stay to ?compensate.? DH just shrugged and said ?I can?t help it if I?ve got to work? which was music to my ears. Now obviously there?s still chance for DSS/the ex to put pressure on DH about this, but at least he started out with the right idea.
But it?s all totally about control, and whether your and/or my DH will be brave enough to weather any fall-out that would come from standing firm and being master of their own destiny.
All I can say is that I know how you feel. And it?s definitely very weird indeed.