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Using previous case law in a residency statement

  • pgs1975
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19 Sep 12 #356724 by pgs1975
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I am going to file a statement explaining why a shared residence is better for our children and my ex has made allegations about lack of honesty and respect from me in her statement.

I have challenged these but then also pointed out that in previous case law hostility between partners should not be a bar to "shared residency"

IS this reasonable to mention previous case law as I am self representing so not an expert (although getting there with my experience)

The case law I am mentioning is
10) D v D (Shared Residence Order) [2001] 1 FLR 495
The case of D v D made it clear that it was not necessary to demonstrate exceptional circumstances or a positive benefit to the child - it was sufficient to show that the order was in the child''s interests. The Court of Appeal held that, where a child was spending a substantial amount of time with both parents, a shared residence order could be appropriate despite the existence of a high degree of animosity between the parents.
11) Re R (Residence: Shared Care: Childrens Views) [2005] EWCA Civ 542, [2006] 1 FLR 491
This established that the failure of parents to co-operate is not a bar to making a shared residence order.

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19 Sep 12 #356731 by staffydog
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What stage are you at at the moment, first hearing, contested etc?

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19 Sep 12 #356751 by pgs1975
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Gone through first so got Directions Nov or Jan

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19 Sep 12 #356757 by MrsMathsisfun
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Just keep it child focussed and reflect any statements which are about you and her.

If shared residence is to work you need to be able to communicate effectively. You need to show a judge that you can raise above the difficulties between you and your ex. You need to show that a parent you can communicate with your ex regarding the best interests of the children.

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19 Sep 12 #356758 by staffydog
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I wouldn''t get bogged down with case law for a Directions hearing, it is just that, the DJ will let you know what the next steps are and what is required, chances are he won''t even read/hear it on the day, a short position statement would suffice imo.

Case law and any other ''evidential'' stuff will not likely be of any help until you get to a contested hearing, may as well keep your powder dry until needed.

While it would be better that you can both communicate, case law suggests it is not a reason to deny SR.

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19 Sep 12 #356765 by pgs1975
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Thanks for the advice I will remove it. Interestingly the judge asked for a position statement which I filed. My ex went the full hog and filed a 9 page statement so I now feel slightly exposed if the CAFCASS officer reads it, so was going to submit my own statement in response ?

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19 Sep 12 #356781 by staffydog
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I don''t think you need to respond to your ex''s statement at this time, if there is anything in it that you disagree with or is untrue then simply refute it. Stay focused on what you are after and why, keeping it child focused at all times, both the courts and CAFCASS are/should be used to allegations/badmouthing of the other.

Don''t get caught up in a slanging match with your partner, stay calm and be whiter than white.

I assume the judge asked for a position statement at your first hearing so would be referencing them at the second hearing? If so I''d imagine you will have a chance to answer her statement then, what happens after will depend on what, if anything she is accusing you of in her statement.

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