WA My ex wants 50/50

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Missw

Active Member
19 April 2020
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My x is now wanting 50/50 of our two they are 8 and 7 children for the last 7 months has been him 3 weekends and me one weekend a me during the week since the civid19 he has had house party people over I have stop contact but kids wanted to see him so have let them go as normal but now has asked for 50/50 care dose not pay child support only the last 3 years has been in there life's his wife is agrassive towards him always fighting says he wants them.vause they are naughty for me and it will help me out I dnt want the arangment to change he has time with them.on school holidays long weekends
 

Tremaine

Well-Known Member
5 February 2019
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31
514
So, let’s imagine dad comes before the court seeking 50/50.

His argument is along the lines of it’ll maximise their opportunity to have a meaningful relationship with him because they will be included in weekday routines with him like schooling and homework, evening meals and daily chores, they’ll be able to settle into each household more readily instead of being whisked back to the other parent after two days, plus they will have more opportunity to enjoy weekend leisure time with you. He also adds there’s no reason why 50/50 shouldn’t work because, aside from the time you unilaterally withheld the kids over a house party, you’ve otherwise been able to share care of the kids effectively for the preceding three years, plus there’s no other overarching issues like tyranny of distance, for example.

Your argument against is that he had a few people over once during a pandemic and he hasn’t been paying child support.

Does that sound like a winning case to you?
 

Missw

Active Member
19 April 2020
11
0
31
He did it twice have people over and taking the children places he is not allowed to at the moment in time our son is at high risk due to having asma he only started seeing the kids when he meet his now wife but before that wanted nothing to do with them or paid to support them why now is all about his children I have been there since day dot our soon was in hospital sick he didn't bother to show up cause he didn't wanna get sick and didn't think he needed to be there kids tell they are not watched in the pool there Dad and his wife are always drunk and have house parties I feel.when u have ur children that sort of thing dose not need to happen
 

Missw

Active Member
19 April 2020
11
0
31
I have been bullied and intimidated by him.and his wife for the last 3 years telling the kids to lie as to who comes to the house telling them.we dnt care what your mum says I have always said yes to the extra time he has wanted with them I think what we have now is fair kids come back all up set saying they miss me my daughter never leaves my side
 

sammy01

Well-Known Member
27 September 2015
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2,894
when you say 3 weekends? As in Friday night-Monday morning?
Looks like dad has the fun times = weekends. Mum has the school nights = hardwork.

Maybe offering to rearange so dad can do some midweek time. So maybe Thursday-Monday once a fortnight.

Dont be bullied - but try and compromise. If dad doesn't like it he can apply to court. If he does that get back to us for some advice.
 

Missw

Active Member
19 April 2020
11
0
31
Friday to Sunday I have always had the kids in the week yes it's hard but it's just being a mum I love my life the way it is with the kids I know he is the father and has rights to but he has never paid for any schooling and medical and sports for the kids dose not pay child support says he never has any money to pay it so how would he looked after them he is self employed so he def gets more cash jobs to hind what he actually earns
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
what happens in school holidays?
Look he can apply to court - but if he gets legal advice he'll probably be told that he isn't gonna get 50/50. It isn't like you're refusing him access. If that were the case I would not be nice in my advice.

You should be aware that once dad has more than 35% care you will see your family tax benefit drop. Right now he has the equvilent of 3 nights a fortnight. I'd encourage you to offer him an additional night. So Thursday-Sunday 3 weeks of every month. That seems reasonable and I dont think it would impact on your family tax benefit.
 

Missw

Active Member
19 April 2020
11
0
31
I dnt really care about the money side yes I offer school holidays Christmas and school holidays over the end of year so be about 110 nights a years plus any public holidays
 

Missw

Active Member
19 April 2020
11
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31
I am told if I dnt agree then he will take me to court I dnt have money for a lawyer or money to file paper work yes I have a partner but atm he is getting one day a weeks work so even thought I told legal aid what we get altogether they said they caN not help
 

Missw

Active Member
19 April 2020
11
0
31
It's friday 3.30 till Sunday 4.30pm unless a public holiday he has that night to