Family & de facto law, financial agreements, consent orders
I currently have 32% care but want 50%.
We've been to mediation but the mediator said it would have to go to court.
I'm angry that I have to pay legal costs while she gets Legal Aid.
I also find it disgusting that she has to do very little to get her right to child support, which I happily pay, but for my right to equal time with my 3 children, who live 5 mins away, I need to go to court.
It should all be worked out in the same process.
If it wasn't for her anger when the subject of 50:50 is brought up I'd have been in court last year.
scottb721 2009-04-28 18:45:17
Scotty forget your anger it will not aid your case. Some things seem not to be fair but trying to buck the system does not work.
The court will look at what is in the child's best interest, turn your thoughts to this also. As a loving father I'm sure you want what's best for your child. Build your whole case on the best interests of your child, ignore the rantings and anger of the mother, it will only undo her case.
The fact that the child lives 5 mins away will aid your case, as it make change over easier and ensures the same school etc. I know of cases where the child lived with each parent six months at a time with the other parent having access during this time, to me this seems better for the child than uprooting every few days.
Work out what is best in your case and ask your solicitor to make application accordingly. The costs will seem minimal when you help rear a healthy happy and well adjusted child.
MartinO 2009-04-28 19:30:04
Thanks for the input MartinO. Perhaps dumbstruck is a better term than anger.
For some reason I am putting emphasis on maintain an amicable relationship with the kids mother, for the sake of the kids. My ex doesn't approve of my new life so it can be hard at times.
The latest incident was when the mother refused to be home at the agreed drop off time so I had to bring them home again, only to have here wanting them an hour later. Very frustrating.
scottb721 2009-04-28 21:02:33
She might say that but there is no legal requirement against keeping them and providing them to a court, but the flip side is if you have sent or done anything similar she will raise it, then the gloves will be off which will cost you lots of money as the case will get drawn out.
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