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Hopefully it won’t be too much longer, I’m hoping he’ll have it for Christmas so that he’s not relying on his ex agreeing to him being able to have extra time with the children, cause I have a feeling she’ll not agree just to spite him.It is not unusual to wait 3-4 weeks from what I have seen.
I think he would need to put it across slightly different and not say the children are being turned against him as the judge has stated that children’s feelings change and dad should not continue to think that mum is alienating. The judge has said the recitals she’s including are that mum has demeaned and belittled father in front of the child which the court finds harmful to the child’s psychological and emotional well-being. Another recital is that mother is reminded that she previously agreed to deal with matters in an adult manner but has demonstrated that she has not done so.I would do a position statement though. Saying something like - he takes on board the things the Judge has said and wishes things to be amicable with the Mother but his main concern is the emotional welfare of the children when they are being turned against him, and he requests measures are put in place to deter the Mother from derogating him to the children, by means of limiting her parental responsibility in some way as a deterrant to continuing with this.
I am not sure that’s a good idea after reading all the above. Firstly it’s very difficult to prove if she does breach the recital. Secondly recitals are very difficult to enforce and penal notices only apply to orders not recitals.I think it may be better to ask for a penal notice on the order around mum not demeaning or speaking about dad in a derogatory manner as the judge has stated the impact this has on the child’s emotional and psychological welfare?
I don’t think she’ll be worried about transferring residency cause the judge has already stated in the judgement that she is going to be making no changes to the order and the children will continue living with mum and have contact with dad. The phone call where her husband asked to put everything behind them was before they received the judgement and with what was said in court and the evidence my partner had I think she probably thought there was a good chance he’d get shared custody and that’s why they were trying to be nice. Now the judgement says the children stay with her I have a feeling she’ll be back to not caring what she does.She will be fearing they might transfer residency at some point with it saying she derogated the Father, so that's probably why they're trying to be friendly now. She will also be wondering what will happen.