Not sure if others have seen my post,as no advice yet. Am hoping this is seen. Am going through divorce, and the routine arrangements was my ex visiting and taking the kids for the day. No over night visit.
Just a week ago he suddenly developed interest in the children, and wanting summer holiday, weekend overnight stay. I have a girl with special needs care, and have never cared for her before.
He states he has taken the case to court for equal parental rights even though he has never spent the time with the kids . I am confused and need as much advice as u could and also I need a family lawyer.
I don’t think I be entitled to legal aid but am hoping there will be some charity lawyer,that can still get paid but not much.
how old are the children? if he has applied to court, then he will probably get the usual arrangement of every other weekend, fri-sun and half of school holidays, long as there’s no safeguarding issues.
You both already have equal parental responsibility but this does not mean that you automatically get 50/50 time split with the child. This is still very unusual. No parent has rights the rights are that of the child.
He obviously has not had any legal advice so far.
My advice to you is to keep all evidence – dates of how long this has been the arrangement, anytime he has not adhered to it, how the change will affect your daughter.
Seek legal advice some places give you 30mins free. Ask about the process, explain the history and what to expect etc.
My understanding is that a court will expect you to do mediation first anyway and have done your best to agree outside of court.
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