QLD 50 / 50 Custody of Children - Chances of Ex Getting More Time?

[James Roberts]

My ex wife and I have manged very well to bring up our 2 children successfully separated for the past two years. Due to my work commitments, I needed to change the days we spend with the children slightly (but still maintaining the 50 / 50 split). When I approached my ex about this she refused to change as she believes she can't go longer than 4 days in a row without seeing her children (I wanted her to go to 6 days just once a month).

Unfortunately she thinks that she can now have the children as much as she wants - she proposed going to 75/25% custody of children split in her favour.

My question is that as we have done 50/50 for two years with no issues, does she have the right to take the children for more time if it went to Mediation or family court?

We both have good jobs and I pay 65% of the children's costs and she pays 35%.

 

[sammy01]

OK so do you have court orders? Parenting plan?

You ought to book mediation with Relationships Australia to try to come up with a solution and refused to be bullied. IF she were to insist on 75/25 you should go see a solicitor asap. Chances of a court reducing your time by half (which is what she is proposing) look, it ain't a good idea for anyone here to tell you what the chances are of this or that...

But my money would be on a magistrate keeping the status quo or reducing your time marginally as a result of your work commitment being the catalyst for the problem...

My opinion - leave things as is and work with your employer to tweak your employment. Employers are often more amicable than ex-wives...

Final thought. Call Child Support Agency. See if you can do it with a computer in front of you and ask them to guide you through their child support calculator - you might be interested to find out what they assess you should pay... Might be an interesting piece of information for you to possess when entering into any negotiations.

Mate you're being way too generous with your child support - good on you...but - to pay above what you should only to have the ex try and screw you over for requesting a reasonably insignificant change is a bit crook.

Final thought - suggest to her that she can have slightly more than 50/50 by covering the time that your job requires to be away...

 

[James Roberts]

Don't have Court orders or parenting plan ratified, but they have been drawn up. I have an appointment with a Mediator next week and my ex is panicking a bit because I think she will realise she's not being totally fair.

I have given her a few extra nights already and hope to come to an agreement, but wanted to know that if I was to really push back on her about the strict 50/50 whether I would have a good chance of 'winning' that argument so to speak.

Yeah I do pay more than I have to, but I won't pay less unless it's a last resort...

 

[AllForHer]

If you've got two years of evidence showing you can work amicably and the kids are doing well with 50/50, there's probably a reasonable chance of maintaining the status quo.

My question is why she thinks the kids can go six days without seeing you, but not six days without seeing her?

How old are the kids?

 

[James Roberts]

If you've got two years of evidence showing you can work amicably and the kids are doing well with 50/50, there's probably a reasonable chance of maintaining the status quo.

My question is why she thinks the kids can go six days without seeing you, but not six days without seeing her?

How old are the kids?

Thanks

The children are 5 and 7

She says she misses them too much and can't be away from them longer than five days in a row. Yet I have evidence of her being away for work and on holidays where she has been away from them for over five days approximately 10 times in the last 18 months.

Yes I have very good evidence of the 50 50 and that the children are happy etc

 

[AllForHer]

The Court won't care that she misses them. That's about her best interests, not theirs.

Hopefully this can be sorted without intervention, but I would say 50/50 is achievable.