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First hearing in child arrangements order

  • fencing
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3 years 4 weeks ago #491582 by fencing
Hi

I have applied to the courts to help determine a fair living arrangement for my third daughter - who is now 14, she has always wanted 50/50 - and that was the informal arrangement between myself and my ex wife. However, as the divorce did not go her way she has slowly but surely eroded this down to 1 night a week to try and get me to change the path the divorce took.

As further background my ex couldnt have been more difficult in the divorce if she had tried, to the extent that judge awarded me costs against her in the final financial hearing

So I am wondering what will be covered at the first hearing (May 5th) and what sort of prep I would be advised to do? what the judge may question and look at? I am representing myself due to financial constraints.

Any thoughts, advice, examples of parenting plans, etc. would be very welcome........

Thanks

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  • fairlyhas
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3 years 3 weeks ago #491673 by fairlyhas
Replied by fairlyhas on topic Re:First hearing in child arrangements order
Are CAFCASS involved ?
In my case out 11yo stated to CAFCASS he wanted to live with me and visit his mum weekend. This is exactly what the judge ordered.

At 14 they have significant weight.

The way I see is it this. If your daughter wants 50/50 then this is what she can demand. I mean no court can force a 14 year old to only spend 1 night a week at her dads can they? Like my 11yo, if he doesn't want to visit his mum he won't visit her. I cannot force him out to his mum and his mum can't force him out.

If everyone just stopped and thought about the child's wishes it would be so much easier for all.

My ex wife refused my offer of our 11yo living with me and visiting her right up until the first hearing. Funny here tune completed changed and actually said she agrees he should live with me !

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3 years 3 weeks ago #491696 by fencing
Replied by fencing on topic Re:First hearing in child arrangements order
Hi

Thanks for you reply - much appreciated. CAFCAS have been, but only at a preliminary level and have not (as yet) spoken with my 14 year old daughter.

As I stated in my previous message, assuming you went to a first hearing - any advice on what to prep - what to expect in terms of questions and outcomes? do I need to prepare a position statement?

Many thanks for any help.

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3 years 3 weeks ago #491736 by fairlyhas
Replied by fairlyhas on topic Re:First hearing in child arrangements order
Get CAFCASS involved. If your daughter wants 50/50 and its possible to do without too much hassle. In my experience that's all a judge wants to see. Not interested in anything else.

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