Best interest or not question


#1

Our order is very specific that Ex is to pick kids up at 6 pm every other friday in Charlotte ,and I pick them up at 6 that sunday at Ex’s house. Ex lives in another county and it is a 1 1/2 hour ride each way. The kids are only 6 & 9, so they’re bedtime routine is 8to 8:30 pm.Order says if Ex is 1 hour late then visit is lost with no make up
( unless agreed to by both parties).

Ex has decided to change her work hours to add weekends and now wants to get kids at 8:30 pm on Friday, which means they don’t get to ex’suntil at least 10 p.m. Ex’s job has choices of days/hours.

I do not think it is good for the kids to be picked up at bedtime only to be driven for 1 1/2 hours , to again go to bed.
I think Ex should either get a family member to pick them up as ordered ( 6 pm) or pick them up saturday morning at say 8 or 8:30 am.
Ex says she will now work either Saturday and or sunday mornings for half a day. I think that if Ex knows she will work saturday morning then why get the kids at 8:30 pm on Friday at all.
She should just pick kids up saturday afternoon, after work so she can actually spend time with them.My thinking is that the purpose of visitation is so the kids and the Ex actually spend time together ?

Bottom line is ex has known the court ordered schedule for years, her choosing to accept a job and work schedule that conflict with such an important court order should not impact the kids or my schedules.
Ex has threatened that if I don’t allow her to change times she will seek a modification.
I don’t see how that would be possible as there is no significant change in circumstances , other than her choosing to change her schedule.

Please give me your opinion on : 1.whether her request is in the kids interest and also 2. if she would have a case for modification under the above circumstance ?


#2

I agree with you. The ex has control of her schedule and is changing it in such a way that does not benefit the children. Her voluntary change of her work schedule should not be a basis for a custody modification.