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Distance from school ?

  • nk111
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29 Apr 12 #327300 by nk111
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I am about to apply for a SRO and have a quick question, will the distance i intend to live from the childrens current residential and school address work agaist me in my application ?
The place i intend to move to is about 6 / 7 miles away , i am hoping to get alternate weekends or every weekend if possible as i see them every weekend anyway just not overnight stays (tis is a informal arrangement at the moment).
can the distance work against me, if i had to as i used to do i can always drop them off at school in the mornings as well as it is on my way into work.

Thanks

  • Fiona
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29 Apr 12 #327324 by Fiona
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There is no hard and fast rule. It is Parental Responsibility that gives parents equal responsibility and rights to carry out those responsibilities. A residence order in favour of one parent or both determines where a chid lives.

Shared residence is indicated when both homes and schools are in close proximity (6/7 miles isn''t that far), children spend a substantial amount of time in two homes and perceive the have two homes and there is a history of shared care. However, there have been cases when a child spends less than a third of the time with one parent or the parents live 400 miles apart so the children live with one parent during term time and live with the other for the majority of the school holidays.

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29 Apr 12 #327328 by nk111
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Thanks for your response i truly hope this will not be a issue in my case as it is the differnece between me affording a place to house 3 children and not really especially as i already contribute towards the MH anyway.......always worried the courts tend to favour PWC

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29 Apr 12 #327333 by u6c00
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Hi, can you just clarify your last post about being able to afford a home? What did that mean?

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29 Apr 12 #327336 by nk111
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basically cost of renting a place , stbx lives in MH with our 3 young children.
if i look for something closer to MH i wont be able to afford much else as i contribute towards the MH as well as CM.

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30 Apr 12 #327346 by u6c00
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Ah ok. Thanks, I don''t mean to pry.

I was given completely incompetent advice by someone from the council about housing benefit ("if you have a residence order, you''ll be entitled to a bedroom for your child").

I just wanted to make sure that you weren''t making the same mistake as I was!

With regard to your original question, I remember reading a court commentary about a case where the father lived about 30 minutes from the mother. There was a shared residence order in place which was overturned following Cafcass report that it was unsustainable. The father appealed. The appeal was unsuccessful (due to some court delays) but the judge was highly critical of the Cafcass report that 30 minutes was too far for it to be sustainable.

Unfortunately I can''t find the commentary at the moment, sadly I didn''t bookmark it but if I find it then I will forward it on.

I have also recently read this:
www.bailii.org/ew/cases/EWCA/Civ/2003/592.html

The respective parents didn''t know where they were going to be living, but mother/kids in Scotland and Father in England was on the cards. The judge carefully laid out how shared residence would work.

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30 Apr 12 #327360 by nk111
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Thanks for this post...so in reality i still have no answer.
I''m not sure what i am going to do as it can go both ways really and i am not likely to to know either way.

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