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Unequal care split - chances of joint residence

  • JLGsDad
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22 Nov 07 #7389 by JLGsDad
Topic started by JLGsDad
I'm in the early stages. 3 kids (boys 9, 9 & 6).
My wife will stay in FMH or sell and we have 2 homes near each other.

The most time I'm likely to get is EOW, half hols and 1 eve per wk.

I feel strongly that I am an equal parent and hope that in future my time can be increased. I hate the idea of being a second-classs citizen with 'contact' - something about aliens from outer space. I'm therefore attracted to applying for joint residency, with above time split (75%/25%?).

Anyone any experience, advice or info on this?
Many thanks.

  • Fiona
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22 Nov 07 #7397 by Fiona
Reply from Fiona
The first thing to bear in mind is courts have a no order principle and won't impose an order unless the matter can't be resolved otherwise. Thus applying to court should be a last resort after all other avenues have failed. Most people don't have residency/contact, they just have parental responsibility and the children stay with them some of the time. Whatever the label experience shows parents are generally more satisfied with, and more likely to stick to, arrangements agreed between themselves.

Factors courts take into consideration in determining shared residency include the proximity of both homes and school to each other, smooth transitions between both homes and school, a history of shared care and the children's perception that they have two homes.

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