My question is in regards to custody dispute. In January attended mediation and implemented a a step up plan stages

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Customer: My question is in regards ***** ***** dispute. In January attended mediation and implemented a a step up plan stages moving forward after 5 cycles of two weeks 3 visits each cycle. During the lockdown due to advice from Ministry of health and ministry of justice due to living in different towns/districts visits didnt continue i had on numerous occasions offered video calls. Once level 3 started we resumed as our son has had adjustment issues from the two visits i said for his wellbeing its best to move out by a fortnight giving 3 more visits before progressing to overnights.
JA: What's the basis for the modification?
Customer: Allow him to re-adjust he had two days of broken sleep after the first visit which was only a dinner and then woke every hour the sunday and monday nights also on monday and tuesday he was overly clingy
after full day visit sunday. It was agreed at meditation that if there was any significant behavioural problems things would be delayed till next relevant date. However now his father is saying no and instead wanting to change the cycles weeks around. Since mediation he has cancelled dinner once and on two sundays was over an hour late to collect him without any communication i still allowed our sons visit to go ahead so he didnt miss out but hes accusing me of trying to prevent him from his time with our son however i have continued to try facilitate their relationship offering the video calls and even with modification request he would still have same amount of visits just one wouldnt be the first overnight
JA: Has a petition to modify visitation been filed?
Customer: Nothing is through the courts only mediation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The schedule as in parenting plan. week 1 dinner Wednesday week 2 dinner Wednesday and day visit sunday then next stage first overnight for 7th may 2020 then dinner on 13th may then day visit 17th may
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

There has to be some adjustment for the Closedown and in the end, it is what is in your son’s best interests, not what the father wants. If there are behavioural issues then I agree you need to be careful in progressing the contact. Would another mediation session help?
Customer
The behavioral issues are essential over clingyness and disrupted sleep. The disrupted sleep was already happening on sunday prior to the closedown it has just extend to two nights again since resuming. All i have requested is that the sleepover doesnt happen this week but the next date it was scheduled to happen and that the next week remain as normal.
And all going well the stages will continue as normal from there
Essentially this change is only affecting one visit which changes from an overnight to just a dinner.Im also unsure how we could both have received such conflicting information during the lockdown as everyone i contacted ministry of health, ministry of justice and covid19 helpline gave me the same information everytime however my sons father has said that his lawyer covid 19 advisors and police things could continue as normal. We live in two different towns that come under different districts at least 30mins drive apart.
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Chris The Lawyer, Expert

The Chief Family Court Judge said people should adjust but excessive travel was only permitted if you travelled with a copy of the agreement. It is an issue where you need to balance the risks
Customer
As both myself and our son are high risk i said no especially when his father requested i reconsider as he had permission to yravell to visit his ill father (sons grandfather) as this was Well and truely extending bubbles.
My main thing is going forward and concerns about potential of further behavioural problems
My sons father wants to change the overnight to 15th may instead of the next date it would have occurred 22nd may which will effectively alter all dates in the agreement going forward
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Chris The Lawyer, Expert

You can explain your concerns about expanding the bubbles, and just decline any change.

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