Changes to child visitation arrangements | Legal Aid Centre

Questioner

I have a question about whether I can break an agreement because my living situation has changed after 6 years. my ex now has the children on paper every other weekend from saturday morning to sunday afternoon, because that worked out better with his work and i kept the good order and solved all the bottlenecks myself with many problems. now 6 years later i would like to see it differently with the contact with the children just every other weekend from friday evening to sunday evening and the holidays each its part of it. In the meantime I have another relationship and because I can no longer combine it with my work I would like to break it open and work it out together, but I am of the opinion that he should adhere to the previously drawn up covenant because that suits him better, unfortunately we are not on the same page, so the question is, am I within my rights to be able to break it open unilaterally and make a normal contact arrangement for the children, to share the weekend from Friday evening to Sunday evening and the holidays together? I would like to hear your answer to that.

Lawyer

If there is a change in circumstances, such as your job, moving, other relationship, children who indicate that they want it differently, etc. you can request a change in the care arrangement (access arrangement). If your ex-partner does not want to cooperate, you can ask the judge to make a decision about this.

Lawyer

After 6 years, it is very logical that the situation has changed to such an extent that new agreements must be made. If the parties cannot discuss this with each other, a petition can be filed with the court. This petition can focus on all kinds of large and small things. It is important to look carefully at what is stated in the agreement from 6 years ago. If the father does not wish to consult with you, then I think it would be a good idea to ask for the assistance of a lawyer. A single letter from a lawyer can already have a great effect.

Lawyer

Given that your ex-partner is apparently not prepared to cooperate in a change to the agreed arrangements, you will have to initiate legal proceedings in order to realize that desired change. Given the changes that you describe as they have taken place in recent years, your request seems to have a chance of success. Of course, what your children themselves want in this regard is also important. From the age of 12, they will also be heard by the judge about this and they can also make their own wishes known. To initiate such proceedings, you will need the assistance of a lawyer. If desired, you can also contact me.

Questioner

thanks in advance, this will help me, thanks again

Lawyer

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