were do i stand

[helpless dad]

hi all,

back again, since court order for me to have him every weekend things have been going fine up until last week, now the court order states the mother shall make my son available on a Saturday, between ourselves we made a pickup time of 10 am on a Saturday as I never worked Saturdays.. but now I do we also had personal agreement if I cnt have him a Saturday I wouldn't pick him up till the sunday. but as im only working till 4pm each sat I can quite clearly have him but she is saying unless I pick him up at fixed time of 10 am each sat then I cant have him that day... my question is were do I stand with this as order just states she shall make him available on a Saturday not at a specific time.

thanks.

[MarkR]

(12-20-2017, 10:18 PM)helpless dad Wrote: hi all,

back again, since court order for me to have him every weekend things have been going fine up until last week, now the court order states the mother shall make my son available on a Saturday, between ourselves we made a pickup time of 10 am on a Saturday as I never worked Saturdays.. but now I do we also had personal agreement if I cnt have him a Saturday I wouldn't pick him up till the sunday. but as im only working till 4pm each sat I can quite clearly have him but she is saying unless I pick him up at fixed time of 10 am each sat then I cant have him that day... my question is were do I stand with this as order just states she shall make him available on a Saturday not at a specific time.

thanks.

It would be a breach of the Order if she failed to hand the Child Over on the Saturday.

Is there a reason why your not having the Child overnight?

It looks like you will need to apply to Vary the  Order going forward.

[helpless dad]

i have him overnight every Saturday and sunday but if I don't collect him at ten on a Saturday she makes me wait till a sunday to collect him even tho the court order just states she should make him available on a Saturday for collection not an actual time I finish at 4 on a Saturday so surely she should make him available then for me and is breeching the order I think it would be her who needs to vary order if she wants a specific time or am I wrong?

[MarkR]

(12-21-2017, 09:03 PM)helpless dad Wrote: i have him overnight every Saturday and sunday but if I don't collect him at ten on a Saturday she makes me wait till a sunday to collect him even tho the court order just states she should make him available on a Saturday for collection not an actual time I finish at 4 on a Saturday so surely she should make him available then for me and is breeching the order I think it would be her who needs to vary order if she wants a specific time or am I wrong?

As far as the law goes, its up to your ex, as the Resident Parent, to arrange any childcare, except in your contact time.
What you need to do, is get it documented, when your contact will start.

You need to apply to vary the existing Order. There is 2 ways forward

a, if you have a relative who can look after the child while your at work, and your ex is not objecting to this, then ask from Friday pm till Sunday pm, but for it to state on the order it is agreed that xxxx will look after the children while you are at work.  (Reason why from friday, is it will reduce your child support, as you exceed 52 nights a year). Court will give you every other weekend and half school holidays, where no child protection/welfare issues.

b, for the Order to say you will inform you ex by 6pm on the Wednesday, of the collectin time, due to your work.

[helpless dad]

ok thanks I understand what ur saying, she is just being akward I could pick him up at 5 on the Saturday no problem but she is refusing me to have him unless I pick him up at 10am because that suits her even tho court order states she should make him available for pickup on a saturds