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08 Aug 12 #348084 by u6c00
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Hi all, hoping that some of the legal experts on here can give me some advice.

The proceedings are at an unusual stage. I have applied for shared residence. My ex has applied for residence and specific issue to move house 60 miles away.

There is a hearing tomorrow to discuss the issue of whether she is allowed to move and if she is, what the interim contact arrangements will be. The issue of residence is to be discussed at a later (as yet unscheduled) hearing.

Currently contact alternates either Friday - Saturday or Friday - Sunday. This is an average of 1.5 nights a week.

My ex proposes that she be allowed to move and that contact be alternate weekends Friday - Sunday. I am unfortunately unable to do the travelling on Fridays therefore all I could agree to would be Saturday to Sunday (0.5 nights per week average).

Ex argues that as long as she doesn''t register my child in education (he is 3 years old at the moment) that my residence application would not be prejudiced by allowing the move.


I disagree with that. I think that allowing her to move and minimise contact would establish a new status quo, even if he is not registered at a nursery. I think it would result in a de facto win for her on the residence issue, and my solicitor agrees.

Now I can''t have representation at this hearing so I need to make my arguments myself. Can anyone help me with structuring this argument, perhaps with any legal precedents or just advice on making it.

I don''t want her to move at all, but if she is allowed to then I am prepared to offer alternative contact arrangements which would not unduly prejudice the residence issue (for example alternating Thursday - Saturday and Thursday - Sunday, 7 day rotation with each of us having my son for a full week, in the interim me having him every weekend Saturday - Sunday and a few other options). These wouldn''t disturb the current status quo of weekly contact either.

She will be turning up with a barrister and I''m very nervous about the hearing.

I also need to cross-examine the Cafcass officer so if anyone has any tips on that do please let me know.

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08 Aug 12 #348095 by maisymoos
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I can see your issue completely, once she has moved it will not be possibly to have shared residence you suggest in place, especially when your son attends school he cannot attend two different schools in two different places..

I think this is the crux of your argument that if she moves before residence/shared residence hearing the options are reduced considerably.

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08 Aug 12 #348097 by u6c00
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For the next year he can attend a private nursery, and so my suggestion of the contact Thursday - Saturday / Thursday - Sunday would be the best option I feel.

He could still attend nursery and get all the social interaction that he needs at this age.

I can''t move house at the moment, I''m locked in to a tenancy until April next year because I moved house once already to be close to my son. I will be happy to move to be close again once I am able. If we had the interim contact along the lines that I''ve mentioned, this could carry on for the next year, then I could move later to allow it to proceed indefinitely.

I am just sure that legally, if they allow her to move tomorrow and enforce alternate weekend contact then I''ve basically lost the battle. Even if I move house next year I will then struggle to argue shared residence because the status quo will be established. If I''m going to fight for shared residence at all then I feel that I have to make the fight here and now, which is why I''m so nervous that I can''t get any representation.

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08 Aug 12 #348107 by mumtoboys
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why should you have the child every weekend in the interim? does mum work at weekends?

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08 Aug 12 #348109 by u6c00
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There is no reason why I should.

This isn''t my preferred option at all, but I proposed it only as a means of continuing weekly contact. It is an option for the ex to consider but I don''t expect it to become a permanent thing.

This hearing is only to discuss interim contact so it''s only proposed as an interim arrangement and I only proposed it because it''s the school holidays so for the short term it wouldn''t be robbing mum of all the quality time. When school restarts I know that it would be unreasonable to expect every weekend.

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08 Aug 12 #348208 by u6c00
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bump - urgent

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09 Aug 12 #348337 by u6c00
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Found a barrister willing to work on it at last minute and borrowed some money from parents!

Hearing starts at 9.30, wish me luck!

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