Can a court order force you to increase weekly overnight stays?

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    I have recently separated from my ex and have had an agreement in place for 6 months regarding overnight stays. She has had a job offer which will require her to work longer hours and has asked me to pick up an extra day every other week. I explained that this would be putting my job at risk if I had to reduce my working days further. (I have to start later and leave early on days I do the school run and will struggle to continue working on the evenings).

    I have now been threatened with legal action.

    Has any body had a situation like this before? Can a court order force me to increase my overnights?

    The current agreement is two overnights one week (she wants this increased to three) and four over nights the next week. I suggested an alternative arrangement which was declined and the only acceptable option was to increase my days to benefit her.

    #53110 Report


    It is refreshing to read that both parents have significant contact with the children.  From a courts viewpoint, it is very unlikely the court will place the children in your care if you state that you are not able to look after them on that particular day.  However, the most pragmatic approach would be to try and reach a resolution with your ex partner outside of court, this is a very small issue that should be discussed and agreed by both parents outside of any court adjudication.

    Attending court could potentially create animosity between parents, this will be a shame as in your instance, both the parents appear to be getting on fine and promoting contact for the children with each other.  I would urge you to try your utmost in reaching a resolution outside of court.

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