Family Court Query

[lsharp]

hi there
I have a family court in place with my ex, it's quite simple just says that my ex sees the children every fortnight fri eve till sun eve
for the first time in 2 years I have something planned on the weekend that my ex is due to have the children but I have given him the option to still see them on the Sunday and also asked if he would like to see them on Father's Day (not his weekend), bearing in mind that my ex has not had the children on his weekend 3 times since January am I ok to do what I'm doing?? my mum who acts as 3rd party has text him but we have had no reply but unfortunately my ex is a nasty piece of work so if we do get a reply I'm worried it will be telling my I'm breaking the order etc although he has let them down....thanks

[EDDIE51]

Yes an occasional variation such as this is fully acceptable. It is the ex who is being unreasonable if he does not affect it or work out an acceptable alternative. You need to contact him directly though, you can't be sure he has got the text. There must be arrangements in place for contact with him if there is a problem, the children being ill for example. Can you phone him to explain?

[EDDIE51]

'does not accept it' sorry.

[lsharp]

thanks for your reply unfortunately myself and my partner are not allowed to talk due to a restraining order from a criminal offence, my mum is 3rd party and she prefers to text to keep things in writing, he normally replys to txts but have had nothing as of yet, they are due to see him this weekend coming so I can write a note to him but I'm glad I'm not doing wrong :) I no he is and he is lucky that my children are no bother to me so having them when it's his weekend doesn't bother me

[EDDIE51]

Get your Mum to phone him, so he can't say he did not know about it. Even if she prefers to text only, in a case like this you need to be certain he has been informed, so he can't turn round and blame you.

[lsharp]

ok will get her to try tomorrow so if he threatens that I can't do this am I right in saying I can as its once in blue moon? plus I'm still giving him the option to see the children on his weekend but just the Sunday

[EDDIE51]

Visiting days are not 'written in stone' there have to be times when the usual arrangement can't be kept. You need to work out a sensible compromise.