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Final Hearing Outcome. Result. Well it should be
#1
I have posted elsewhere our story as I have been writing and researching on behalf of my son, who is sight impaired.

To cut a long story short. He asked for 2 out of 3 weekends. He originally had the children 3 out of 4 weekends. she wanted every other weekend. She refused to share the driving, as our son can't drive. She was adamant he would never have the children christmas morning as he had lost that privilege, apparently. 

At the final hearing, she compromised, after a battle. She said she would share the driving. Then is was arranged that he could have them every  other weekend plus additional weekends every quarter. The court decided our son could spend christmas eve and christmas morning with the children, alternating years.

The solicitor and barrister laughed at her witness statement. It attacked my son and she stated she had rights as their mother.
The barrister called her selfish and that she had lost sight of what was in the best interests of the children.

Our son also has a lives with order. Shared care, although they technically spend more time with their mother, due to the distance/schooling.

I don't think any of this has got through to her. It's not even a month since the court order was issued and she is trying to change things. Arranging things in my sons time. Everything should be agreed in writing according to the court order.

Instead of my son picking the children up from school. she has arranged a family meal and said she would drop them off instead later. Are we then in breach of the order, if we don't take them back on Sunday, when she should be collecting them?
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#2
She is arranging things during your son's contact time - YOU need to file for breach against her
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(06-29-2018, 12:09 PM)invisibleintellectual Wrote: She is arranging things during your son's contact time - YOU need to file for breach against her

No warning to her? Just file for breach?
It's like the court order doesn't exist. Shes doing the same thing as before.

She's just trying to exert control again, my son says. Shes shows all the signs of being a sociopath. I wish I could prove she is mentally unstable
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#4
You can warn her if you wish to - but that may only delay the inevitable - plus if you keep letting her do this you are deemed to be accepting the changes so could lose out in the long run
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#5
Congratulations on the court order. I recently had a 70/30 lives with order as well and same thing - she just ignores it - although she has kept to the times ordered - but behaves as if it doesn't exist in terms of language and attitude. Keep to what the order says - if it says you take him back 5pm Sunday then do it. Within all orders there is scope for flexibility, but it must be agreed - in writing - if there is any change to the court ordered time. Otherwise it's a breach. So she should not be organising things on his time without asking and him agreeing to this meal. How many times has it happened? I think if it gets to more than three it's seen as accepted and can't be enforced. if it's the first time he should email her confirming that on this occasion he agrees to the change she made, but in future any changes should be agreed between them in writing in advance, otherwise it will be a breach. That might stop her doing it. If not and she does it again, then enforce. If it's already happened a few times then just enforce the order.
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