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Shared residence application

  • chelsea02
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01 Sep 12 #353184 by chelsea02
Topic started by chelsea02
I can''t seem to get an answer on this point and I would be really grateful for any feedback.

I currently have a contact order to see my kids but my ex-wife is doing everything she can to breach the order, avoid, mess around etc. The court have been very helpful but it has got to the point where there is nothing else they can/will do i.e prison, community service, fines etc.

Would applying for shared residence make any difference? I would not be looking for 50/50 residence but more like 10/90 equivalent to the contact order already in force. I have read the difference with shared residence is that if my ex fails to release the kids I can get the court to enforce things via the police or a court official to get her to release them? In other words something a lot stronger than now which is me having to wait for the next hearing where the Judge tells my ex off, wags his finger at her and says don''t do it again - she nods her head, walks out of the court and says to me "you must be joking I''m not doing that, you won''t see the kids unless its on my terms".

  • Fiona
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01 Sep 12 #353197 by Fiona
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Enforcement is a matter for the civil/family courts rather than the police. The police would normally only take action if the courts made a specific order for the recovery of a child and a tipstaff called upon them to assist.

The courts should only make an enforcement order for unpaid wok or financial compensation when there has been non compliance with a contact order. Fines and imprisonment are sanctions available for contempt when any court order is broken.

Practically there isn''t a great deal of difference between contact and shared residence, but shared residence *may* be useful psychologically to emphasise the importance of both parents and to equalise the power between parents or to show the school or doctors if there is a problem exercising Parental Responsibility.

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01 Sep 12 #353202 by chelsea02
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Thanks for your reply Fiona, much appreciated.

I''m confused, if you refer to www.sharedparenting.org.uk/shared-residence it clearly says that it prevents the breach of court orders and I thought I read a similar statement on the FNF site?

Any thoughts? Am I misreading things?

Kind regards

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01 Sep 12 #353207 by khan72
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Ask the court for a Suspended Residence Order. Look into it.

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01 Sep 12 #353209 by Fiona
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chelsea02 wrote:

Thanks for your reply Fiona, much appreciated.

I''m confused, if you refer to www.sharedparenting.org.uk/shared-residence it clearly says that it prevents the breach of court orders and I thought I read a similar statement on the FNF site?

Any thoughts? Am I misreading things?

Kind regards


You would need to ask the Shared Parenting Association why they think shared residence orders prevent breaches.

The police only have the authority to take action in an emergency when there is a child protection issue and there is reason to believe a child is at immediate risk of significant harm. See;

www.homeoffice.gov.uk/about-us/corporate...ulars-2008/017-2008/

The FnF website I believe says something similar to my post above that shared residence orders may be enforced by applying to court, and under s34 Family Law Act 1986 the court may order the recovery of a child. Recovery Orders aren''t used that often - recovery isn''t particularly pleasant for a child.

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