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Shared Residence Advice

  • C. J.
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26 Mar 12 #320115 by C. J.
Topic started by C. J.
Hi all,

I am writing on behalf of my fiance who is after some advice in relation to shared residence.

He has another hearing on Monday 2nd April whereby overnight stays will re-commence. The ex has been more forthcoming about overnight contact after realising that the more my fiance is able to help her during school holidays, the less she has to pay out in child care.

At the last hearing, which was at the end of January my fiance put in an application for shared residence for numerous reasons i.e. he wants stability for his girls, wants them to feel more part of our family (the idea of having 2 homes rather than just visiting), and basically wants to feel more of an equal parent financially and emotionally as the ex is very controlling and he has missed out on a lot of time with the children through no fault of his own due to the ex frustrating contact.

The judge asked my fiance at the last hearing why he wanted to go ahead with shared residence to which he basically mentioned the above. The judge said ''you do realise we''ll have to get CAFCASS involoved'' to which my fiance acknowledged this.

He''s a very good judge and I don''t think he was trying to disuade my fiance but I think it''s due to the cut backs that they are trying to avoid getting CAFCASS involved unless totally necessary. The judge said he''s eager to move forward on this case i.e. increasing overnight contact so we assume he''s just concerned that CAFCASS will delay the whole process.

The ex is not happy with the idea of shared residence mostly due to control reasons. She is convinced that my fiance only wants a shared residence order in place so later on he can put in for 50/50 custody. This is not the case and he tried to reassure her of this but she doesn''t seem to believe him.

How can my fiance move on with this at the hearing next week? Are his reasons good enough for wanted shared residence?

He is currently looking at Fri-Mon on alternate weekends and then helping out with school holidays as much as possible with alternating birthdays & xmas''s etc - the judge and the ex seem happy enough with this, he''s just worried about getting the actual shared residence order.

Any thoughts would be appreciated. :)

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