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one week on and one week off ?

  • ozzywiz
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28 Mar 12 #320506 by ozzywiz
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In court tomorrow for final contested hearing for all 5 children which has resided with me for the last 2 years.

Their mother has put in her statment to have shared residence with the children with me for one week and with her for the following week on a rolling rota. . . what is the chances of the judge giving this against my agreement as its not in the best interesrt of the kids. . .

  • Fiona
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28 Mar 12 #320543 by Fiona
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Generally it''s an uphill struggle changing the status quo if children are surviving alright. The judge will refer to the welfare checklist in s1 Children Act 1989 to determine what is in the children''s best interests. How old are the children and what are their views?

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28 Mar 12 #320555 by ozzywiz
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Hi Fiona and thanks for the reply.

there ages are 2, 6,7,8 and 11. and I have had them for nearly 2 years on my own.

All their wishes as identified in the section 7 report are to remain living with me and CAFCASS stated in their recomendations that they should remain living were they are with me.

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28 Mar 12 #320557 by ozzywiz
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I dont have the usuall barister either. I have been told this is my barister for tomorrow.

www.9sjs.com/barristers/zimran-samuel

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29 Mar 12 #320561 by Fiona
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CAFCASS are the "eyes and ears" of the court and usually the judge will go with the officer''s recommendations. Orders for shared residence 50:50 are not that common, although shared residence orders are more usually awarded in different proportions.

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