Thoughts on outcome of final hearing

[Patricia Wright]

Just wanting your thoughts on our outcome for our final hearing. Situation as follows...

*My husband is seeking a 50/50 arrangement and shared parental responsibility
* Prior to court obviously had mediation and also sent a letter offering a gradual build up to 50/50. Received no response to the letter
*Have had limited issues and family report done.
* Report writer stated that father should get 5 nights fortnight which is an increase in current time and also Mother possibly ‘gatekeeping’ to prevent relationship with father and new family
* Mother proposing to take away weekend time and offered 2 school nights per week.
*Sent another letter wanting to settle out of court offering to drop to 5 nights per fortnight which was also declined

Self representing. What are the possible outcomes at final hearing do you think?
Given we have tried everything and still get told no does that work in our favour?

 

[thatbloke]

What reason is she giving for taking away the weekends? How long have the weekends been happening? How old are the kids/kid? What does the reports suggest/support? there an ICL?

It is impossible to give any kind of indication to what might happen as there are so many variables in each individual case that one case almost never reflects another

Having said that, in my OPINION no court is going to take away weekend time and replace it with weekday time without good reason, and maybe there is your "in" for extra time as Mum is not actually offering any reduction in time and if the thinks weekday time is fine... then its fine full stop and it is also fine to work alongside weekend time. That is the angle i would play but without knowing all your variables its impossible to predict an outcome.

 

[Been2Trial]

IMO, you will end up with somthing like:

Week 1: Friday 3pm to Monday 9am and
Week 2: Tuesday 9am to Thursday 9am

Possibly an increase to week on week off or 50/50 split during school holidays.

 

[Been2Trial]

There's almost no way imaginable that the weekend time would be taken from you. The courts view "every second weekend" as one of the most standard, given schedules - so that plus the few nights mid week on the other week gives you the 5 nights.

Don't lose hope over 50/50 but in my experience, the judges are very conservative and I think given the report recommendations are 5 nights, that's where I would put my money if I were a betting man.

 

[sammy01]

I'm reading this differently..
Hubby wants 50/50 - poster (patricia) doesnt?

So you're good to accept 5 a fortnight? dad wants more?
One of three results.
5 a fortnight
6 a fortnight
7 a fortnight.
chances? roughly 33.3% for each of them.
You have tried everything? nope - agree to 50/50.. I know it seems blunt, but is it really worth the grief over 2 nights a fortnight... That is all you're fighting over. Stress less and live more...

 

[Been2Trial]

I'm reading this differently..
Hubby wants 50/50 - poster (patricia) doesnt?

So you're good to accept 5 a fortnight? dad wants more?
One of three results.
5 a fortnight
6 a fortnight
7 a fortnight.
chances? roughly 33.3% for each of them.
You have tried everything? nope - agree to 50/50.. I know it seems blunt, but is it really worth the grief over 2 nights a fortnight... That is all you're fighting over. Stress less and live more...

I disagree with your final bit of reasoning Sammy... 5 a fortnight is 9 with the other parent. It might seem like 2 nights difference on the face of it, but it's really 4 nights extra at the other house. Makes a huge difference to how a child is brought up IMO.

 

[Been2Trial]

Sammy and OP: Assuming I have read wrong and playing devils advocate for Sammy's post...

If OP is happy with 5/9, why wouldn't you settle with 7/7?

 

[Patricia Wright]

I'm reading this differently..
Hubby wants 50/50 - poster (patricia) doesnt?

So you're good to accept 5 a fortnight? dad wants more?
One of three results.
5 a fortnight
6 a fortnight
7 a fortnight.
chances? roughly 33.3% for each of them.
You have tried everything? nope - agree to 50/50.. I know it seems blunt, but is it really worth the grief over 2 nights a fortnight... That is all you're fighting over. Stress less and live more...

No you’ve got it mixed up my hubby is the one going for 50/50 and his ex won’t allow it. We’ve tried offering a gradual build up up to 50/50 even tried offering 5 nights instead but won’t budge

 

[Corinne]

My opinion is your husband would get at least 5 nights through court.
If there's no evidence of child abuse or neglect, then the only reason the mother could have to refuse extra time is financial (centrelink benefits, child support etc), which is going to look bad for her.

Keep trudging forward, don't back down!

 

[Patricia Wright]

What reason is she giving for taking away the weekends? How long have the weekends been happening? How old are the kids/kid? What does the reports suggest/support? there an ICL?

It is impossible to give any kind of indication to what might happen as there are so many variables in each individual case that one case almost never reflects another

Having said that, in my OPINION no court is going to take away weekend time and replace it with weekday time without good reason, and maybe there is your "in" for extra time as Mum is not actually offering any reduction in time and if the thinks weekday time is fine... then its fine full stop and it is also fine to work alongside weekend time. That is the angle i would play but without knowing all your variables its impossible to predict an outcome.

Stating that it’s not in the best interests of children with nothing to back it up. Weekend time been happening since separation 6 years. Kids 10 and 7. Report recommending 5 nights and no ICL.