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What happens with CO when a situation changes?

miss hideaway's picture
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I'm just asking out of curiosity really.

Basically, when FDH and BM had this court order arranged SS(4) was 1 or 2 years old.
The CO stated that FDH picks his son up Friday 9am and brings him back Sunday 5pm. Its different now because SS is now in full time education so FDH picks son after school (though i'm surprised BM doesnt tell FDH that he has to take son to school)
The reason i'm asking really is because my FDH works nights but what if his shifts were changed to the day and he wouldn't be able to pick his son at 3pm. Does FDH have a right to ask BM to pick their son up from school instead and he would get him after work? Knowing full well that if this happened BM would kick up a fuss and threaten FDH with not seeing his son again because according to her, picking up his son is more important than working (really its just coz she doesnt want to get off her lazy ass) and what if he's working on a Sunday and can't bring his son back at 5pm, could she not come get him? Can she legally stop FDH from seeing his son because of these circumstances?
This is something that may not happen for a long time but i know it will happen one day, can she really take control of his working hours?

Just to add, i have a son of my own that i pick up from school myself (different school to SS) so i can't pick SS up from school and i wont drop him home on a Sunday because when SS leaves on a Sunday it's the only time over the weekend when me and my son get to spend some real, quiet, quality time in the house together.

derb84123's picture

I suggest they file for a modification to the order because he is now in school. *sounds like a dumb arrangement to begin with, obviously he will start school*

Can she keep him from him? That is debatable. his visitation is to start at 9am. If he doesn't get him until 5pm or so, then yeah I think she can. We have a 30 minute policy for us. If BM doesnt call or show for 30 mins after, then we leave.

Obviously your situation is unavoidable, so DH needs to get this legally changed.

miss hideaway's picture

Thank you for the advice. The arrangement was made by her (to get rid of her son as soon as possible so she could have child free weekends) and my partner agreed so he could see his son asap. We all thought it was a silly agreement that wouldnt work in the future but he just wanted to see his son and tbh we all think the only reason she didn't want FDH to have him fully was because she wouldnt get any money for him. I dont remember seeing a timed policy on the CO tbh its a very short simple one, that just shows days and times and thats about it.
It winds me up because she has no problem with us keeping SS later than usual or taking him away for a week on holiday or just keeping him for a few days but when it comes to something as important as his work (even though she doesnt see working as important) she is so selfish! i know this will cause an issue if his shift hours change, its something out of his control and he can't say no to his boss. But if she threatens him with not seeing his son anymore, what is he suppose to do?