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Contact Change
#1
Hi, I have enjoyed having my 9 year Old Daughter for three nights a week, Tuesday, Saturday and Sunday, dropping her off at her Mums at 7.30am, which leaves me enough time to get to the school where I work for 8am.  I have had my Daughter for these nights since she was 6 months old.

I got an Arrangements Order in 2015 to secure these nights.

I was advised last Saturday that my ex wife is moving 20 miles away.  This involves commuting through some of the main arteries of Manchester, ie, M60, and would be near impossible for me to drop my Daughter off at her new home, and get back to work, without risking being late as this is a 40 mile round trip.

Ex wife has no sympathy for me, and suggested I have her Friday to Sunday every week.

In addition, she advised me she is starting a new job, which involves night shifts, where she will be leaving my Daughter with her current partner, or his mum.

I am besides myself with worry.  She is due to move end of August, and has not even got a school lined up yet.

I am considering keeping hold of my Daughter, and not taking her back home, which will force her mum to take it to court, where I am happy to fight this, but unsure of the legalities.  I have parental responsibility.

Any advise welcome.

Thanks
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#2
(08-12-2018, 04:28 PM)gry75 Wrote: Hi, I have enjoyed having my 9 year Old Daughter for three nights a week, Tuesday, Saturday and Sunday, dropping her off at her Mums at 7.30am, which leaves me enough time to get to the school where I work for 8am.  I have had my Daughter for these nights since she was 6 months old.

I got an Arrangements Order in 2015 to secure these nights.

I was advised last Saturday that my ex wife is moving 20 miles away.  This involves commuting through some of the main arteries of Manchester, ie, M60, and would be near impossible for me to drop my Daughter off at her new home, and get back to work, without risking being late as this is a 40 mile round trip.

Ex wife has no sympathy for me, and suggested I have her Friday to Sunday every week.

In addition, she advised me she is starting a new job, which involves night shifts, where she will be leaving my Daughter with her current partner, or his mum.

I am besides myself with worry.  She is due to move end of August, and has not even got a school lined up yet.

I am considering keeping hold of my Daughter, and not taking her back home, which will force her mum to take it to court, where I am happy to fight this, but unsure of the legalities.  I have parental responsibility.

Any advise welcome.

Thanks

By not returning the child you run the risk of a Judge saying you can only have contact centre visits.

Does the court order say to drop her at her mother house at 730am, because if it does, do exactly that. Its then her problem.

If she wants to change the arrangements, she has to apply to Court, even if by agreement it needs to be changed to be a Consent Order.

However, you are getting every weekend, what is more than you would get if she objects. Under the guildlines, you would get Friday till Sunday every other weekend, and up to half school holidays. 

My suggestion, is a varitiion of the order, asking for Friday till Sunday every other weekend. Contact every Tuesday, where you collect the child for a couple of hours, perhaps taking her to a local park or out for dinner etc.

Where she is using child care, you have the right to challange that, if you are able to have the child at that time.
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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