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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22315
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My ex and I are in dispute regarding an agreed variation and

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My ex and I are in dispute regarding an agreed variation and applications have been made to the courts. We agreed on a variation which was initiated by my ex. Then my ex wanted to return to what was in the order. I disagree. In my exes application they have now asked for a whole other variation where they would have child overnight instead of my picking child up after their activity. My question is: If my ex applies for a warrant to enforce the current order, is there a chance the judge would make a ruling (when reviewing the warrant application) on my exes alternative variation request? Thank You

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

There is a chance the judge would change the order, but there would need to be a reason to change. If their proposed extension is just to act out of some wish to score points rather than a genuine wish to do something for the child, this will become apparent and they will need to demonstrate why this change is in the best interests of the child.

Customer:

I too would like to change the arrangement of days in the schedule. Not to reduce the amount of time with either parent. The current schedule has child changing between households frequently. I feel a schedule with less changes would be easier for the child and more practical in terms of after school activities and travel. There is far too much lack of cooperation from my ex for a week on week off to work and we live about 40 mins from each other. Also my ex works long hours and needs baby sitters frequently. My question is regarding a schedule with a one night at one house. I have heard that this is not considered in the best interest of the child? at the moment child has two nights at one house then two nights at the other then changes again. Child finds this a struggle. I have a schedule in mind that would have less changes but it would have one night stay over then a longer chunk of time in each house. What is the courts position on a schedule with a single night at one house?

christhelawyer :

I think the commuting would be a struggle. I am not sure what the point of him having her stay is, if he needs a babysitter, and this does sound too complex. I think fewer changes would definitely be better, and certainly it is an issue the judge should be aware of and the reasons to reduce the travel. An isolated night seems unduly fussy, and too much moving around to me.

Customer:

Yes. Its difficult to come up with a suitable schedule that allows for full weekends in each house and activities. The one night would be so that there wasn't too long a gap away from my ex and so that there is one day child in in there care both weeks. Otherwise they are all alternated.

Customer:

I have made charts for various schedules and its hard to find one that would work

Customer:

Compared to the schedule we have in place now it would actually be less moving around

Customer:

when he needs a babysitter varies depending on if he has a deadline. Also his new wife is available but at times they will both be working. Its frequent but not weekly. It will change depending on work deadlines

Customer:

If they lived closer and there was more more cooperation then a week on week off might work. I support her having time with her father but it is hard to implement things the way they are.

Customer:

Are there any guidelines in terms of schedules that do work best for children?

christhelawyer :

The guidelines are usually fact specific, but the test is what is best for the child, not what suits the parents, and my view is that less changes would be better.

Customer:

OK thank You

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