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Statements for Final Hearing

  • stepper
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15 May 12 #330727 by stepper
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Has anyone got any advice about preparing the position statement for the Final Hearing. My son has received a copy from the other side with over 50 reasons why 50/50 should not take place.

I am sure my son couldn''t think of 50 reasons why it should take place. The children had indicated that they would like to spend more time with their dad. His ex. refused point blank and so my son consulted a solicitor in August of last year.

Basically the children are of school age. Both parents live within reasonable distance of the school. I live right by the schools and can step in if the children are unwell etc. Everything that the children need are at both houses so that they do not have to carry bags of toys and clothes from house to house. They can walk into either house and can relax straight away. My son would like one week on and one week off. Now that the children are that bit older it should work well. It would be collection from school each Monday afternoon and delivery to the school each Monday morning. That is one way in which shared parenting could work. No doubt others have different arrangements would could work equally well.

I fear he has a mountain to climb so any suggestions would be welcome. He has a day off tomorrow and I have offered to type something up for him.

Thanks.

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19 May 12 #331515 by WhiteRose
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bump

  • MrsMathsisfun
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19 May 12 #331526 by MrsMathsisfun
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Sorry dont know the answers to your question but my thought was what is his fullback position?

If the judge decided that 50/50 share isnt appropriate you need to make sure you have a compromise contact arrangement in place.

  • stepper
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19 May 12 #331530 by stepper
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Hi Mathis - there is already a shared residence order in place. My son is seeking to extend it. His ex. is opposing this strongly, so it hasn''t been easy. She previously wanted to stop contact completely, but I think she has now abandoned this course of action, but who knows!

My son downloaded a template from custody minefield and has prepared his statement. It has run to about three pages, but it is clear and concise.

Thanks for your reply.

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19 May 12 #331563 by MrsMathsisfun
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Is the only option week on week off, because from what I have read judges are reluctant to go with this?

How much is he hoping to increase contact by?

  • stepper
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19 May 12 #331583 by stepper
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At first his ex. was flexible with extra nights here and there. It was working Ok. She started to refuse whenever the children asked to spend an extra night with their dad and eventually his ex. asked him to stick to the original order.

There are no holidays incorporated into the order and so he will also be asking for half the school holidays, some time over Christmas, New Year and Easter and father''s day/mother''s day as appropriate.

He has tried mediation but no proposals were put forward by his ex.

More than likely when he sees his solicitor next week, they will talk about Plan B (if there is one!)

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