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Shared Residency - 2nd Hearing

  • theharks
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18 May 09 #117358 by theharks
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Hi,

I've just joined the site but would like to ask a question or get some advice.

I have applied for shared residence \ joint custody of our two Children (7 & 9)

I've had the first hearing and done the witness statements and am a week away from the court hearing.

I am told to expect this to be moved to the Magistrates court for a final decision.

1. What are the chances of the shared residence order being granted (no welfare issues - ex very against it)
2. How long before I can expect the final hearing ?
3. How long before the final outcome comes into effect ?

Would love some experiences if thats ok ?

  • ClimbMountains
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18 May 09 #117360 by ClimbMountains
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how long is a piece of string.

I've gone through two applications. First took 15 months and second took 10 months. I know other people who have had simple issues to resolve and its taken a lot less.

Chances of success depend on the case. Are cafcass doing a report? If so that will probably determine the outcome. Similar present arrangements, history, views of the children (they are at an age where their view will start to be heard), etc. are all factors.

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18 May 09 #117364 by theharks
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Cafcass arent involved

There is no history of this as its been something I've been trying for - for upto 10 months, I was hoping that with the second hearing so near there may be a light at the end of the tunnel !

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18 May 09 #117367 by ClimbMountains
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There is always a history even if its a history of no contact. How long have you been separated from ex, were you married, how much child care did you provide while you were together, since you split how much contact have you had, has that contact worked well or been difficult? Its all part of the history

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18 May 09 #117373 by theharks
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Good point and of course that makes perfect sense!

Separated 15 months
One weekend on one week off (2 nights every two weeks)
I have always been a very active involved Dad
Since the split its just been what has been allowed and the occasion week here and there.
Contact for the children has remained difficult with most of the time being spend them wishing they had longer (their words) and sadly them going back crying to thier Mothers. She has blamed me for making them cry but thats simply not true.
Contact with my Ex is difficult at the best of time although I wish her the very best she doesnt return the sentiment !

Does that help ?

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18 May 09 #117378 by ClimbMountains
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You could have a uphill job to get shared residency but a much could possibly get more time (eg midweek contact each week) and defined share/arrangements for holidays. It wouldn't be unreasonable to ask for 50% of all holidays

2 nights every two weeks is modest and the kids views are likely to influence matters, provided court does not conclude that you are trying to manipulate them. However, unless there are other reasons its a big jump from 2 nights in 14 to shared residency and while people do have shared residency its more common to have a resident parent.

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18 May 09 #117385 by theharks
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Not as encouraging as I had hoped but its a fair point

Does the fact I've been trying to get more access for 10 months matter ?

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