Hi all I’ve posted on here before throughout my journey. I’m after some guidance as I’m self representing. On Tuesday I got my section 7 back, it states that due to mums drug abuse and hostility towards each other thar we are to have shared care, but her more with me - so 5 nights with me one week, 4 the next, 50% of all holidays etc. Which I know is AMAZING!!!
My concern is that mum still has issues, including mental health and irrational behaviour, I worry that with a shared care order she will try to manipulate the days, not bring her home when she should etc, I’ve had 10 months of hell.
What are the chances of me getting a residency order rather than shared care if I’ve got her more? I worry that the court order will never be stuck to and mum will constantly try and take over with school, after school clubs etc like she always has and I will not get a say in her best interests. There’s enough evidence there from a number of organisations.
Next hearing is next week but I’m assuming it’ll go to final hearing as she won’t agree.
5 & 4 nights is great, congratulations. im surprised your not getting full residency. if cafcass recommend shared care, then most like the judge will go with that. if you leave court with the new arrangement, i guess you can follow it as usual. if ex breaches and messes around over the next year, then perhaps you will have greater chance of residency.
I think your ex is on her last chance card. you basically are getting residency but not officially on paper. I would personally agree with the recommendations especially as you are self representing. I think next time your ex makes mistakes with evidence to back it up you may well get residency. If you was serious about getting residency you would highly likely need a contested final hearing and a barrister to bring it home, however this would be a bit of a gamble 50-50 due to s7 report recommending shared care. I would be happy with 9 nights in 14 though, they could of easily just said 7 in 14 instead so well done
You are unlikely to be able to put in an " if mum does not comply with order that a residency order is considered" in the final order. It's stating the obvious anyway so I wouldn't put it in.
You also don't want to look too eager, prying on the situation hoping she makes a mistake so you rush to apply for residence. you are supposed to act reasonably to comply with the order and promote it. Let her make mistakes if she wishes to.
No need to write that in postion statement. Its fairly straightforward, if she ever majorly breaches order it will result in you having residency sooner rather than later. just got to play the long game and accept the very nice proposal advised in section 7 .
Its highly likely it will go to a contested final hearing. If your ex agrees or consents to what s7 report recommends then it will be dealt with on day.
Just remember no mudslinging or raising issues as it wont make any difference . makes the family courts decision easier and if your ex carries on her behaviours after you been to court residency will eventually follow
Flying "member" definitively has a nice ring to it
Anyway... if she agrees with the section 7, it will be ordered in the first hearing. If it is contested.. it will go to a final hearing... and if so, in the interim by consensus some contact will be agreed... may be as much as what the section 7 recommends, may be halfway there...