What is a Typical Visitation Award?
Q.
My partner and I have recently split up and we are now constantly arguing over the contact he should have with his 4-month old daughter. I have two older children from a previous relationship; he has no other children and he has never lived with us.
I have suggested that when his daughter is older he can have her overnight on alternate weekends and on Wednesday nights. More than that, I feel would be too disruptive to both her and the other two children. We both work full time.
As she's still very young I'm happy for him to have her for a few hours each weekend and to see her at my home as often as possible but don't think overnight is appropriate. He feels this still isn't enough and wants a specific date on when the overnights can start. I don't really want to go down the legal route but feel that I am being more than reasonable given her age and his lack of experience.
Is this the case or would he get more if it went to court? What is a typical visitation award?
A.
The unfortunate thing is that it appears unlikely that you and your ex will be able to work out a visitation solution between yourselves, as your positions are a bit too far apart.
Although you don’t want to take the legal route, there might be no alternative. However, rather than going to court, it’s quite possible that your solicitors will be able to negotiate an agreement, which would take some of the sting out of things.
Whether a “typical” visitation award exists for very young children is up for debate. A lot depends on the needs of the baby and the parents.
Let’s look at a worst-case scenario that the two of you end up having to go to court. In that instance, a number of things will be taken into account.
Normally the will of the child is important, but in this case, of course, that’s impossible. The court will also look at the needs and emotions of a child during the period of contact, and how well they can be met – with a baby that becomes especially crucial. Also important is whether there’s the possibility of any harm coming to the child in a period of unsupervised contact.
But the court doesn’t reach this decision in a vacuum. It takes into consideration a report from the Children and Family Court Advisory and Support Service officer, who will interview you, your ex and others in order to determine what’s best for the child and for all others concerned – note, however, that the child is placed completely at the centre of things.
You obviously have no problem with you ex having contact with your daughter, so that’s not the issue here, which it usually is when a case goes to court, and your concerns appear to concern the safety of your daughter.
Although it’s often the place of last resort, having a court establish parameters of contact, including when overnight visits can begin, might serve as the best solution, since it will be imposed on you both by an outside authority and can stop resentment between the two of you later. If needs be, you or your ex can later apply to have the provisions of a Contact Order altered.
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