Change of circumstances,family court order needs to change.

3 answers /

Last post: 10/02/2024 at 9:43 pm

JOANNE W(123)
Joanne W(123)
09/02/2024 at 7:54 pm

Hello. This is very long winded so I apologise.


I'm a mum of 3. I have a 15 Yr old,18 month old and 8 weeks.

My partner has a 10 year old boy (J)with his ex. J lives with him mum about 30 mins away from us.


There has been a family arrangement order since early 2020 where my partner gets J every other weekend. Fridays from school at 3pm and return to school on a Monday morning.

We have to do all the travelling as that's what we said we would do on the original court order.

I had a baby 8 weeks ago and since the birth I've been diagnosed with a condition that requires very strong painkillers which means I can't drive on them.


It's extremely hard getting to him and returning him anyway since having my 2 little ones and after not being able to drive.

We have spoken to J mum and asked very politely if maybe she could drop him off to us at the start of contact and we will return him on a Sunday rather than a Monday morning. She is refusing to do any of the travelling either way. She did say that we could take him back on a Sunday but not until 7pm. That's too late in my opinion but Sunday drop off is better than a Monday morning so we just agreed.


Every January we have to do a calendar for the whole year which states which full weeks we want him. We have 2 weeks in the summer,Feb half term,a week at Easter and extra days for birthdays,special events etc. Christmas's are rotated so each parent gets to wake on Christmas morning with him.same at newyears.


Basically she won't travel at all but now wants him picked up at different times throughout the year,and even booked holidays during out set weekends with him.

We said she could drop him off whenever is suitable at the start of contact,and we will get him home at the end of it. She's having none of it and now refusing to agree to any proposed dates. During summer holidays when we have him all week the usual time to collect him is 9am. She's told us we can have him the Sunday before but we have to collect him. I've put my foot down and said no. She is very welcome to being him to us and we will gladly have him the extra night. But again she refused.


So since then she has changed her mind and said we can't take him home on Sundays at 7pm and will have to take him to school on Mondays. J's dad works away all week (on nights) and has to travel on a Sunday afternoon and doesnt see home again until Saturday morning early hours. He's the sole earner and self employed. If he doesn't work a sunday/Monday hid agency won't get him work all week. Wasn't a problem until our circumstances change and we have tried to be civil about it but she's so difficult. All she keeps going on about is her child free time is cut short if she has him back Sundays,doesn't really care about what's best for j.


We have told her that it's impossible to get him to school or home If she doesn't allow him back on a Sunday but she's just not budging. We have just sent off for an amendment at court but that could take weeks or even months.


We don't have any other family/ friends that can take him and I'm just at a loss on what to do. If I don't take my meds it interferes with how I can manage my two babies (18 months and 8 weeks) . I can't risk not bring able to look after them.


Do you think the courts will make her share the travelling? I don't think we're being unreasonable at all.


She's broken the order multiple times already,we never took it back to court because she's a nightmare for stopping contact when things don't go her way.


Just a little advice would be amazing or opinions from anyone who's been through similar xxx

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MOD CHELLE
Mod Chelle
10/02/2024 at 7:09 pm

hello Joanne


Did you know we have a court cases board, where our legal partners GoodLaw sometimes reply to user questions? You might like to try posting your question there.

https://www.netmums.com/coffeehouse/legal-social-services-1109/court-cases-43/

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JOANNE W(123)
Joanne W(123)
10/02/2024 at 9:43 pm
In answer to
Mod Chelle

hello Joanne


Did you know we have a court cases board, where our legal partners GoodLaw sometimes reply to user questions? You might like to try posting your question there.

https://www.netmums.com/coffeehouse/legal-social-services-1109/court-cases-43/

Thankyou.Im New to this xx

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