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Back to court
#1
Star 
Thought everything resolved in court last time but may be gong back now..

So in July I received 50/50 residency on equal basis(5 nights one week, 2 the next) and all has been fine up until tonight.

I have a full time job so every Monday I have the kids, my sister(the children's aunt) looks after the kids for the day, and every Tuesday, my mum / their nanna looks after them for the day. This works great as they are both round the corner from me. 

Tonight my ex has turned round all grumpy because she says the kids have gone home with long fingernails (bearing in mind I've only had them for two nights this week). And then turned round and said that 'we may end up going back to court soon as it's ridiculous that my mum and sister have the kids when she's at home all day so she could look after them) doesn't work and hasn't a baby with new partner). 

She's asked before for me to drop them off with her at 8am when I go to work instead of my mum or sister but I don't see this as workable as she lives an hours drive away and seems silly making the kids travel that far? 

Where do I stand on this? Will she get the kids for more time if we went back to court because my mum and sister have them 1 day a week each? Surely this is the same thing that my ex puts them in nursery on her days 2 days a week?
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#2
I take it the kids aren't at school yet? Just ignore her. If she wants to go back to court then she probably wouldn't get very far. Up to you who you use for child care while you're at work - you're there at night. And fingernails don't grow overnight! She should have cut them herself to prevent them getting so long - and anyway - so what their fingernails got a bit long.

On the other hand - don't do what she wants - if you take them there by agreement (instead of leaving them with your sister) and she goes to court,she could say it's no longer 50/50.
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#3
(01-30-2018, 08:59 PM)Charlie7000 Wrote: I take it the kids aren't at school yet?  Just ignore her.  If she wants to go back to court then she probably wouldn't get very far.  Up to you who you use for child care while you're at work - you're there at night.  And fingernails don't grow overnight!  She should have cut them herself to prevent them getting so long - and anyway - so what their fingernails got a bit long.

On the other hand - don't do what she wants - if you take them there by agreement (instead of leaving them with your sister) and she goes to court,she could say it's no longer 50/50.

Thanks Charlie... question myself sometimes thinking that maybe it's me that's being unreasonable... 

I've figured her game is to get me to drop them off in the day for her to look after them but she's already started to suggest 'why don't out just drop them off the night before to make it easier for everyone' 

Standing my grounds with this one!
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#4
(01-30-2018, 08:55 PM)AnomDad Wrote: Thought everything resolved in court last time but may be gong back now..

So in July I received 50/50 residency on equal basis(5 nights one week, 2 the next) and all has been fine up until tonight.

I have a full time job so every Monday I have the kids, my sister(the children's aunt) looks after the kids for the day, and every Tuesday, my mum / their nanna looks after them for the day. This works great as they are both round the corner from me. 

Tonight my ex has turned round all grumpy because she says the kids have gone home with long fingernails (bearing in mind I've only had them for two nights this week). And then turned round and said that 'we may end up going back to court soon as it's ridiculous that my mum and sister have the kids when she's at home all day so she could look after them) doesn't work and hasn't a baby with new partner). 

She's asked before for me to drop them off with her at 8am when I go to work instead of my mum or sister but I don't see this as workable as she lives an hours drive away and seems silly making the kids travel that far? 

Where do I stand on this? Will she get the kids for more time if we went back to court because my mum and sister have them 1 day a week each? Surely this is the same thing that my ex puts them in nursery on her days 2 days a week?

The fact is that under the law, she would get this time, as the child is not in education or with anyone else with PR, IF THIS FACT WAS NOT KNOWN AT THE TIME THE LAST ORDER WAS MADE.

If it was not known, she has a valid reason to have the Order looked at again, and this is going to make she will exceed 50 % as the resident parent.

Your mum and sister have no right in law for contact and your contact where she is not wanting you to use childcare, would only be ordered for at times your avaliable.

This is also going to drop you to below 175 nights a year, so Child Support will be payable, and it might be a bit more, if you drop below 156 nights.

Unless by agreement, it is up to the person having contact, to arrange transport.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
(01-30-2018, 09:39 PM)MarkR Wrote:
(01-30-2018, 08:55 PM)AnomDad Wrote: Thought everything resolved in court last time but may be gong back now..

So in July I received 50/50 residency on equal basis(5 nights one week, 2 the next) and all has been fine up until tonight.

I have a full time job so every Monday I have the kids, my sister(the children's aunt) looks after the kids for the day, and every Tuesday, my mum / their nanna looks after them for the day. This works great as they are both round the corner from me. 

Tonight my ex has turned round all grumpy because she says the kids have gone home with long fingernails (bearing in mind I've only had them for two nights this week). And then turned round and said that 'we may end up going back to court soon as it's ridiculous that my mum and sister have the kids when she's at home all day so she could look after them) doesn't work and hasn't a baby with new partner). 

She's asked before for me to drop them off with her at 8am when I go to work instead of my mum or sister but I don't see this as workable as she lives an hours drive away and seems silly making the kids travel that far? 

Where do I stand on this? Will she get the kids for more time if we went back to court because my mum and sister have them 1 day a week each? Surely this is the same thing that my ex puts them in nursery on her days 2 days a week?

The fact is that under the law, she would get this time, as the child is not in education or with anyone else with PR, IF THIS FACT WAS NOT KNOWN AT THE TIME THE LAST ORDER WAS MADE.

If it was not known, she has a valid reason to have the Order looked at again, and this is going to make she will exceed 50 % as the resident parent.

Your mum and sister have no right in law for contact and your contact where she is not wanting you to use childcare, would only be ordered for at times your avaliable.

This is also going to drop you to below 175 nights a year, so Child Support will be payable, and it might be a bit more, if you drop below 156 nights.

Unless by agreement, it is up to the person having contact, to arrange transport.
Thanks Mark that's great, just wanted to know where I stand should it go back to court. 

Good news as she knew that I'd be getting them to look after the kids when arrangement was agreed!
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#6
(01-30-2018, 09:53 PM)AnomDad Wrote:
(01-30-2018, 09:39 PM)MarkR Wrote:
(01-30-2018, 08:55 PM)AnomDad Wrote: Thought everything resolved in court last time but may be gong back now..

So in July I received 50/50 residency on equal basis(5 nights one week, 2 the next) and all has been fine up until tonight.

I have a full time job so every Monday I have the kids, my sister(the children's aunt) looks after the kids for the day, and every Tuesday, my mum / their nanna looks after them for the day. This works great as they are both round the corner from me. 

Tonight my ex has turned round all grumpy because she says the kids have gone home with long fingernails (bearing in mind I've only had them for two nights this week). And then turned round and said that 'we may end up going back to court soon as it's ridiculous that my mum and sister have the kids when she's at home all day so she could look after them) doesn't work and hasn't a baby with new partner). 

She's asked before for me to drop them off with her at 8am when I go to work instead of my mum or sister but I don't see this as workable as she lives an hours drive away and seems silly making the kids travel that far? 

Where do I stand on this? Will she get the kids for more time if we went back to court because my mum and sister have them 1 day a week each? Surely this is the same thing that my ex puts them in nursery on her days 2 days a week?

The fact is that under the law, she would get this time, as the child is not in education or with anyone else with PR, IF THIS FACT WAS NOT KNOWN AT THE TIME THE LAST ORDER WAS MADE.

If it was not known, she has a valid reason to have the Order looked at again, and this is going to make she will exceed 50 % as the resident parent.

Your mum and sister have no right in law for contact and your contact where she is not wanting you to use childcare, would only be ordered for at times your avaliable.

This is also going to drop you to below 175 nights a year, so Child Support will be payable, and it might be a bit more, if you drop below 156 nights.

Unless by agreement, it is up to the person having contact, to arrange transport.
Thanks Mark that's great, just wanted to know where I stand should it go back to court. 

Good news as she knew that I'd be getting them to look after the kids when arrangement was agreed!

In law, to make an application to vary, you can only use new things not known at the time is was made. If she new, she can not complain now, as in law that aspect has been considered.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply


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