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Judges decision on child next month

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jimmysipples | 13:20 Thu 25th Nov 2010 | Law
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Mother has been summoned by father to chage access times - after no agreement by both, judge will decide next month. I want to know what chances you think the father has of the change
Current - Week 1 stay over with dad Tuesday night from 5pm and brought to school next morning. Friday 5pm to Sunday 7pm
Week 2 - Stay over with dad on Thursday night from 5pm until brought to school next morning spends weekend with custidial parent (mother)
The child wishes to play football locally and does so on a Friday night training, and match on Saturday morning. He only is able to do this every 2nd week as father refuses to bring him and instead wants him to go to a Friday night football training where his dad lives (30 miles from where the boy lives).
Proposed - Father wants him week 1 as above.
Week 2 - father wants him from collection from school on Tuesday, until dropping him at school on Friday morning. And to play football where his father lives. Father also wants him all of easter holidays and on days he is off for mid/half term breaks.
Key factors - Custodial parent (mother) is married and has another child 2 years with her husband - the boys younger brother. The 9yo boy has lived with mother since sepration from father when boy was 3yo. The father is married, both him and his wife are unemployed. Live 30 miles away from boys hometown. Father has not provided 1 penny of money towards boy or clothes etc for 20 months..
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Father will not communicate directly with mother. The 9yo himself has said he does not want to go away during this midweek time and that he wishes to play his fottball locally. 9yo says he has no friends where his dad lives. It is city, in a flat, and when there he is missing out on playing with school friends and neighbours. 9yo has asked father to move local to him and so has mother as she stresses that if he did, he could have his access times as they are, and also his son could see him anytime the son chooses too - she would have no problem with this. Father will not move close to boy - his wife will not move to town boy is from.
i should think that the courts will ask how the father expects to get the child to school and collect him every day from wed-fri when he lives 30 miles away. Yet he refuses to take the child to his football practice.
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He will probably respond that he will be staying at his folks house midweek which is ten mile away. But I would argue that that will actually be more disruption to him, stayin in 3 places in the space of a week
Has there been a CAFCASS report yet? What did it say?
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The child said when interviewed that he wanted it as it was and that he wanted the local football and that he won't say to his dad as he is afraid to. He said if he spent more time during week with his dad midweek he would not see his brother or friends as much. But even with that report, will they still not try and reach a compromise to his dads requests or will the see them as unreasonable. If he lived local there would be no problem as mum will not stand in Childs way to see him as and when he choose to. Is mother not bein reasonable an the dad being self centred? He is putting his own gripes before his child. He had choice to live near son but chose to live so far away. And it is not employment that keeps him where he is.
Judge's focus is welfare of the child. So stability is a big factor. If there is already a satisfactory amount of contact, he is unlikely to award the extra weekdays and disrupt a routine. Boy's wishes should also be prioritised so make sure the judge is reminded of them.

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