I recently mediated a case that dealt with the following scenario.
I Gentleman and a lady, had a child together, they eventually split up when the child was about 3 years old.The couple agreed that the child will stay with the father as the mother was between houses and between jobs, The couple being adults kept up a good relationship. The care agreement was that the child would be able to see the child every alternative weekend and then a minimum of one day per week. Being a good father the Dad then agreed that the child’s mother can come and sleep over ,with the child, instead of removing the child from his home during the the week. This arrangement worked well for 2 years. The father then met a new lady and decided to get married and the new wife moved into the house. The ex(mother of the child) now was requested not to come over and sleep over anymore as this is causing conflict as the current wife and the ex are not getting along.
The ex refused to 🙂 she said its her child and she wants to be with him. This lead to some interesting dynamics, as the Father had to also put his foot down and get her not to interfere in his current life. She the child’s mother, now claimed that the child must come and stay with her, having found a new residence on her own. The dad refused this, saying there is no reason to change the arrangements.
The mother had a valid point as well, she claimed if she sees the child only in select times, her ability to “mother” the young child would be diminished.
The question is now, what is good for the child? How should something like this be resolved having to look at what the Children’s act says that in dealings like this, the best interest of the child needs to be paramount.