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joint custody

  • peterc
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31 Jan 08 #12429 by peterc
Topic started by peterc
is it possible to get joint custody of my children? They are 8,9 and 10.

If we divorce my wife is saying that i would never get custody of them, and that they always stay with the mother and that i can 'come over' whenever i want to to see them.

i also want to ensure that i too am consulted over any deciisons in thei lives anddont want to be shut out from them.

cheers

  • mike62
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31 Jan 08 #12437 by mike62
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Peter,
Take a look at this thread:

www.wikivorce.com/divorce/Divorce-Forum/...joint-residence.html

Not sure if you are England & Wales or Scotland, as I believe they differ on childcare arrangements

Mike

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31 Jan 08 #12444 by Fiona
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I hope I'm right in thinking you live in Scotland.:dry:

The terms custody and access are no longer used in the UK and most people don't have residency/contact orders, they just have Parental Responsibility, or in Scotland Parental Rights and Responsibilities, so the children stay with them some of the time. Unfortunately there are no statistics available on the current practices of Scottish courts in relation to residence, shared or otherwise, and contact (or indeed on the outcomes of agreements negotiated privately between the parties which never reach the courts). If parents can't agree mediation is the best way to resolve matters.

Parental Responsibilities

• to safeguard and promote the child’s health, development and welfare

• to provide, in a manner appropriate to the stage of development of the child, direction and guidance

• if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis

• to act as the child’s legal representative.

Parental Rights

• to have the child living with you or otherwise to regulate the child’s residence

• to control, direct or guide, in a manner appropriate to the stage of development of the child, the child’s upbringing

• if the child is not living with you, to maintain personal relations and direct contact with the child on a regular basis

• to act as the child’s legal representative.


www.familymediationscotland.org.uk

www.calmscotland.co.uk

When you get that far it's not a bad idea to include clauses in your Separation Agreement (i) that PRR has been explained and you both understand what your rights and responsibilities are (ii) in the event of any dispute you agree to attempt mediation in the first instance to resolve matters.

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31 Jan 08 #12446 by peterc
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hi - i live 'darn sarf' as they say :)- originally from liverpool, but moved to teh big smoke when i was 17 (bejesus 21 years ago!!!) :)- went searching for my pot of gold - but all ive got now is a pot of poo :(

  • Fiona
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31 Jan 08 #12452 by Fiona
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:ohmy:Oh heck, I got that wrong. Sorry, there must be another Peter from Scotland. Either that or lack of sleep and painkillers are taking their toll. :blush:

Never mind I don't think anyone's asked about residency/contact in Scotland before so perhaps someone else can make use of my post.

It isn't that much different in England & Wales. See Mike's link above. You and your wife might find the 'Parenting Plan' and the leaflet 'Time For Children' useful available from;

www.cafcass.gov.uk/publications/leaflets_for_adults.aspx

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