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Divorce Guide

  • GSS
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19 Dec 07 #9263 by GSS
Topic started by GSS
When will the Children section of the Divorce Guide be up and running.
I could do with it now.
Or is there anywhere else on the site where I can get advice on handling Children Residency and contact.

  • Fiona
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19 Dec 07 #9265 by Fiona
Reply from Fiona
Is something specific we could help you with?

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19 Dec 07 #9272 by GSS
Reply from GSS
About to start the process of arrangements for my children - residency / custody / access etc.. Want as much info on the process as possible. I do not want to be a Sunday Macdonalds father. What is the process, what info do I need etc....

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19 Dec 07 #9279 by Fiona
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Most parents have parental responsibility, are equal in the eyes of the law and come to their own arrangements. You may find a parenting plan helpful.

www.tso.co.uk/bookshop/gempdf/CAFCASS_Parenting_Plan.pdf

When parents can't agree they may apply for an order under section 8 Children Act 1989. courts have a principle of not awarding an order if matters can be resolved otherwise. The problem with going through the courts is that it tends to leave parents feeling resentful and resistant which can make future family relations very difficult.

A welfare checklist used to decide s8 applications. This takes account of the ascertainable wishes and feelings of the child concerned; their physical, emotional and/or educational needs; the likely effect on him of any change in his circumstances; sex, relevant background and any characteristics; how capable each of his parents is of meeting their needs.

A contact order requires the person with whom a child lives to allow the child to visit or stay with the person named in the order.

A residence order is an order settling with whom a child is to live.

Shared residency is any time sufficient for the child to perceive they have two homes. Apart from *some* history of shared care the reality needs to be that the child has a strong attachment to both parents and is happy and confident in both homes. There should be familiarity with both homes and a sense of belonging in each. Usually a relative "fluid" passage between both homes and school is required so there should be a real proximity of the homes and to school.

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19 Dec 07 #9281 by wikivorce team
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Fiona,

That parenting guide looks a very useful resource.

So we have added it to the Wikivorce 'Divorce Forms and Information' download section....

www.wikivorce.com/joomla/component/optio...func,fileinfo/id,46/

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19 Dec 07 #9284 by Fiona
Reply from Fiona
Thanks. I've also added my post above to the Divorce Guide section about children as a starting point so anyone who feels like correcting the obvious errors or expanding it please feel free.

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