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Requesting 50/50 access in OTS

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  • Requesting 50/50 access in OTS

    We separated on April 01, 2019, and we have a 4-year-old son. At the first case conference, July 2019, we agreed to an interim order allowing me access on:

    1. Thursday overnights
    2. 9-2 pm access once a month on Saturday and Sunday
    3. 3rd weekend of every month from Friday to drop off at school on Monday

    The 3rd case conference was in January 2020, pre-pandemic, and the trial management was set for July 2020; this was cancelled due to covid19.

    We do not have a Separation Agreement and we have not reached an agreement on the OTS.

    Is it too late to request a 50/50 access, I am not spending enough time with my son, most of the times he calls me mum and this is worrying me. what about the status quo and all the delays in the courts due to covid19? The Judge ordered us to complete a post-separation program at John Howard before returning to court; the workshops are 7 weeks and starting the first week of January.

    Thanks in advance.

  • #2
    In another thread you said you couldn’t take him 50/50, now you say you don’t have enough time with him? If you get 50/50 will you be able to handle that?

    Kid is 4, they say weird shit, I wouldn’t sweat it. My nephew calls me his other aunts name and calls her grampa. My other nephew called my husband my brother’s name.


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    • #3
      The formula I will be using for 50/50 is 3:3:4;4: with parent A starting access from Sunday - Tuesday, Parent B Wednesday - Friday and Saturday alternates. I am already doing Friday - Monday mornings once a month with no issues, I do not see how I can not handle it when he is in school weekdays.

      My question is, is it possible or it is too late? it is not unusual for people to change their minds based on circumstances.

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      • #4
        Someone else may correct me but if you are going to attempt it you would have to file to amend your motion to change or if the other party filed the motion, you have to file a separate request. You may want to speak to the family law information center at your local courthouse.

        It may also not be possible. You would need to lay out what has changed to create a situation where this is possible. She would argue status quo and you also may be looking at a OCL report.


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        • #5
          Originally posted by guydeluxe2018 View Post
          My question is, is it possible or it is too late? it is not unusual for people to change their minds based on circumstances.
          I've always maintained that fighting for 50% is almost always worth it. This is true both in terms of your relationship with your kids and the financial aspects. Giving up on 50% is one of the worst mistakes any parent can make.

          The formula I will be using for 50/50 is 3:3:4;4: with parent A starting access from Sunday - Tuesday, Parent B Wednesday - Friday and Saturday alternates. I am already doing Friday - Monday mornings once a month with no issues, I do not see how I can not handle it when he is in school weekdays.

          I would strongly consider 2:2:5:5. The problem with your proposed schedule is that Parent B never gets a full weekend. Judges don't seem to be a fan of that.

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          • #6
            Thank you Janus for the kind and encouraging word. I will secure a lawyer right away to assist with the 50/50 access.

            Happy holidays to everyone.

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