Me and my ex have been apart for 3yrs this December, had a court order for 2yrs and 1month which states he is to have our son every other weekend, and the Saturday inbetween for just the day, and a FaceTime every Wednesday.
2yrs on things have changed…
i cancelled the FaceTimes as it was an intrusion and our son was only 2 and had no idea how it worked and lost interest.
My ex had a broken leg at the time of the court order and so he couldn’t actually have our son over night until he was better ( he started the January after the Aug we went to court)
he met another woman and moved an hour and half away, and his mother started having our son on the weekends and my ex just visited for the day there.
an argument erupted when my ex had our son at his home not his mums and he called me shouting saying he doesn’t want our son there, his attitude is awful etc… (blamed me for it, said he thinks the is something wrong with out son mentally) and from then his mum stopped helping him and he has had our son at his house each visit.
Last weekend was his weeekend, I checked times on Friday for the sat and he said yes, later the same night he text to say he can’t have our son over night as our son (4yrs old) and his step son (9yrs old) don’t get on. I obviously was angry… and it’s resulted in my ex saying he thinks he moved too quickly with having our son over night… and just wants him for the days…
I was initially angry but our son doesn’t want to go so it’s probably the best thing.
What can I do about our son not wanting to go, he is 5 next month so not old enough to make an informed decision… but he constantly says he doesn’t want to go, that his dad tells him he lies.
Can I change the court order for only day visits without going to court?
If tell my ex our son doesn’t want to go and I don’t make him go, can I get in trouble?