Guest viewing is limited

Midweek / School-Night Overnights

D

DannyK

Well-known member
Member
Hello Dads,

Just wondering; I currently have EOW (Fri PM-Mon AM), Tuesday teatimes (4-7pm) and half holidays.

I would like 50/50, but at the very least would like the Tuesday teatimes to become overnights when daughter begins Primary School in September.

I currently live 3 miles from daughter (and the Primary school she will be attending).

However, for money-saving reasons I may have to move a bit further away..

26.5 miles (or 53min drive) to be exact.

Would court reject my proposal for 50/50 (or midweek overnights) because of this distance?

And if so what is the maximum distance they would to permit?

Thanks in advance!
 
I wouldn't like to put an exact figure on distance, perhaps others with more experience could, but it seems it would give ammunition to your ex if you were that far away. How far down the Child arrangements/C100 for 50/50 are you - any chance you could put a hold on the move until you have a better CAO?
You'd think converting a 4pm-7pm to an over night would be pretty easy, but my stbx successfully blocked my attempt mainly as it would be a change to an existing routine,(even though that hadn't been going very long), and the night in question was the only night stbx didn't take kids to an activity - which was a lie, but magistrates used that as an excuse to maintain status quo.
 
Thanks all, looks like I might have to rethink..

Do you think if I moved 45+min away, court might 'cancel' my current Sunday overnight (once a fortnight) because daughter is more than 45mins from school?

So I'd have to drop her on a Sunday evening instead of Monday AM (as is currently the case)?

Hopefully they would not take a dim view as is only once per fortnight.
 
Don't know about "cancelling" an existing order, but if you're going back to court for a better CAO, and your ex brought it up, magistrates/judge might use it to justify their decision to find against you. With courts, it's the luck of the draw how biased the magistrates/judges are - I would avoid moving that far away.
 
It's very possible, yes - because if you're going back to court your ex would object to the distance and they'd change the week-end times to Sunday nights. Is it because of work you're planning to move? If so could you live part way between where you are now and where you were thinking of moving? If you really want to go back to court for more time or 50/50, then the closer you live to your ex and school, the more likely you are to get it. I think anything more than 30 mins away and they wouldn't consider shared care. 45 mins away they would accept a schedule but maybe not 50/50 shared care.

And yes if you move further than 45 mins away you could lose Sunday nights. Working out that journey time would need to show the most realistic time/route as well - there's no point trying to argue it only takes 45 mins on a Sunday morning on a motorway, if the other side can say it takes an hour and 15 during busy times.
 
You must log in or register to reply here.
Back
Top