I've had my first call with CAFCASS to explain in more detail the application.
The CAFCASS officer has now advised that the hearing will not go ahead in personal (due to COVID-19) but rather by conference call. The CAFCASS officer also advised that we both will probably need to prepare statements ahead of the hearing.
Has anybody done this? I assume this will be a position statement (although the officer didn't say).
you should check court paperwork. does it ask you to prepare any statement?
if not, just do position statement for your hearing, outlining your situation and what you are asking for in terms of shared care. as its remote hearing, email it so court, cafcass and your ex in advance.
Just had my hearing - this took place via conference call due to the current situation.
The issues I raised were eventually agreed upon however in regards to 50/50 shared-equal care, my ex wouldn't agree.
I requested 1 extra day per week and my ex wouldn't agree so the CAFCASS officer recommended 1 extra day over the 2 weeks which would increase my days by approximately 25 days. This would still be just under the 50/50 split but I didn't want to have to provide statements and wait for another court date.
Although this is not ideally what I wanted, its better than what I had and avoids.
I looked at the legislation again about I see the following:
CHAPTER 4 SPECIAL CASES
Parent treated as a non-resident parent in shared care cases
50.—(1) Where the circumstances of a case are that—
(a)an application is made by a person with care under section 4 of the 1991 Act F1; and
(b)the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,
the case is to be treated as a special case for the purposes of the 1991 Act.
(2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
The thing that is not clear to me is this: (2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
I provide the same care, no less and there is a clause in the order that says if my child wants to spend more time with me beyond what is agreed, it is to be accommodated. I am waiting for the revised court order before calling Child maintenance but I wonder if this constitutes to shared-equal care.
I know that CMS has date ranges so this changes things but I think my question was more so trying to define what paragraph 1(b) means. I think special cases, are not identified by days alone but wondered if anyone thinks or knows different.