50/50 shared care & the court process.

Anon Imperfect Mum

50/50 shared care & the court process.

Im after some other people's experiences when seeking 50/50 shared care after separation.. My ex & I have 50/50 shared care & go week about, ie: the kids are with me one week, then at their Dad's the next and so on. It has been that way since day dot & has not been an issue, it works well for us.

My fiance's ex is refusing to agree to any more than 4 days a fortnight for him to have his kids (it has been this way for 12mths now). Before his separation, he was always a very active hands-on Dad, collecting the kids from school every afternoon, playing in the yard/tinkering in the shed with them, going to sport training every week & then taking them to their matches on weekends etc etc. Everyone commented on how child-focused he was as a Dad.. so only having them 4 days a fortnight breaks his heart...

Early last year, he & his ex attended mediation once for an interim parenting agreement with a written & signed section that it would be revised in 6mths time with a view to increased time for the kids to be with their Dad. She now refuses to attend further mediation claiming the children are in a good routine & there is no need for anything to change.

We live 10 minutes away from his ex, and 5 minutes from the children's school. My work hours fit around school times & my partner is home from work in the afternoon in time for school pick-up. I can also add that the children's mother works at their school, so gets to see them every day - even when they are with us..

Both children have expressed their frustration at not being allowed to spend as much time with their Dad as they do with their Mum. They are aged between 8 - 10 years & seem to have handled the separation as well as can be expected.

My fiance & I would like to start legal proceedings in order to have the children with us more often that 4 days a fortnight. We would like to get 50/50 shared care if possible.

How have others found the court process to be & what do you think the likelihood is of us achieving 50/50 care? I appreciate the opinion & experiences of others.

Posted in:  Kids

1 Replies

Anon Imperfect Mum

The family court process is incredibly stressful for everyone including the kids. It's never a one day event, it drags out a long time. It can take over 12 months. Depending on the judge you get it can be an absolute nightmare. A lot of the outcome can be potluck depending on if the judge read all the documents presented etc. you need to be prepared to have your parenting judged, and it's a very expensive process. You can be looking at $50000 without even being a complex case.
I'd think long and hard if court is in the best initerest of the children. Try not to compare what you and your ex do to your new partner. Not all kids do well with 50/50 some do, some don't.

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