will he get his way?

hollster2

Hi was wondering could anyone help me? Im recently split with my partner of ten years weve three small children.

Hes threatning me all week hes going to court for access that hes protecting HIS future. Ive told him he can have them friday to sunday as I live an hour from him now and kids have school. Ive never and wont stop him from having them.

Hes now picking and choosing weekends. He also said he was entilled to part of loan parent I recieve and was laughing when he told me this.

He said that I get loads more money than him which is ridiculous he doeant give me a cent for maintenance.

A couple of months ago he was off his face all the time, hes now being charged with criminal damage as he destroyed my parents house ive alsi won a protection order from him coming near there house.

I want to know if he takes me to court what are his chances of winning? Im so nervous my hearts broken my confidence down to nothing im terrified! Sorry for rambling.

the world wonders

Your solicitor should be the one answering all these questions for you.

If you don't have a solicitor get one immediately. If you cannot afford a solicitor contact your local Civil Legal Aid Centre. If you have a solicitor but they are not answering your questions to your satisfaction, then get a new one.

Peregrinus

Let me get this straight:

He's going to court looking for an access order.

You have offered him Friday to Sunday. Is that every weekend? Is it your idea that, generally, the kids will spend weekdays with you and weekends with him?

And now "he's picking and choosing weekends" - meaning, I think, that he wants to take them some weekends but not every weekend.

It would be unusual kids in this situation to spend every weekend with the non-custodial parent. They deserve time - weekend time, relaxed time - with both parents. So if there is a court-imposed solution, it's unlikely to be that the kids spend every weekend with him. It's much more likely to be two or three weekends a month. Which is not that far from what is he is demanding, exept that the court won't let him pick and choose weekends on the fly - there'll be a regular schedule (e.g. he gets the second and fourth weekends of every month) and if he wants to change it he'll need to agree that with you. And he'll need to at least try and satisfy the court that the drinking and the house-smashing-up and the issues that led to a protection order are not things that should keep him from seeing his kids.

Plus, if this goes to court, there will be an opportunity for you to raise the issue of whether he should be contributing towards the maintenance of the kids.

Go and see a lawyer, definitely. Go to Civil Legal Aid or FLAC or to a solicitor in private practice, according to what suits your means. This could very well end up in court - probably will, if he's serious - but the outcome need not be a disaster for you; it could be quite good, in terms of putting in place an access arrangement that you think is reasonable, of putting some manners on him, and of getting the financial question looked at.

hullaballoo

I'm sorry, OP, but there is no legal advice allowed in this forum. I agree with the other members that your solicitor should be able to answer these questions for you and that you ought to engage a solicitor if you do not have one.

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