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2nd hearing what to...
 
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[Solved] 2nd hearing what to expect?


Posts: 181
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(@Ivan Dobski)
Reputable Member
Joined: 13 years ago

I've got my second hearing in a fortnight and wondering what to expect/push for? Contact going well at the center and my child has expressed an interest in coming to visit. What can I expect to get I'm thinking of asking for a shared residence order instead of a contact order

There is no further CAFCASS involvement either.

Also I'd like the Ex to resume the original agreement of meeting 1/2 between us is there any case history or good practice guide where it states about meeitng 1/2 way etc?

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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

I dont understand why you wouldnt do both a shared residence and shared contact order. Presumably due to distance?

If CAFCASS have done all their reports and the allegations all not being taken any further then its too court for a presumably final hearing unless your working with the tact you need to work towards shared residence and therefore in the best interests of the child you would like to gradually increase this.

No recommendations on meeting points, just put the children first, who can get to who easier and taking into account practicality issues.

Good luck!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

A lot of courts are looking at shared residence as a good option and you can ask for defined contact within the Shared Residence Order, which is definitely what I would recommend that you do if you go ahead with the SRO.

Its great that the contact is going well, has there been a report of the progress being made at the contact centre?

I would say be measured in your response, but let the court know that your child has indicated a readiness to move the contact out of the centre and perhaps propose that unsupervised contact be resumed and increased gradually over a period of time say 6 month to the level that it used to be, or what you would be happy with.

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(@Ivan Dobski)
Joined: 13 years ago

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Posts: 181

Why you wouldnt do both a shared residence and shared contact order. Presumably due to distance?

Pretty much so I wasnt aware you could apply for both I thought it was one or the other there is the distance it would mean a round trip of 800 miles to collect and drop off something which I can't afford to do unless I can get the judge to get Ex to meet me 1/2way

has there been a report of the progress being made at the contact centre
I don't know I'll ask if there is 1 being drawn up I do know from speaking to the Ex 's solicotr that she was aware of the meetings going well.
I'm looking at asking for 2 weeks or so during summer holidays also a few times during the year as well as 1 as one week at Christmas so do I lay my cards on the table just now or wait and see what the judge says in the hearing?

The only issue I can see at the momment is my new wife Ex's solicitor has advised me to let my child know about her which I've done tshe has also suggested to the ex that she allows her into the contact session with me but so far hasnt budged on this so i could arge she's stalling to prevent the enevitable overnight contact

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

You wouldn't be applying for two separate orders, just a Shared Residence Order but have the contact that has been agreed defined, so that both parties know when, and for how long contact should take place. If contact definition isn't included then the resident parent can start messing about with contact at some point in the future.

Heres an article, its written by a solicitors practice but its the best explanation of what Shared Residence actually means that I've come across -

www.hughes-paddison.co.uk/news/Shared-Residence-Order-All-in-the-Name.aspx

As far as what you are asking for in terms of contact, I would say its probably best to state your case up front, along with your request for the ex to meet you halfway, if she has the means to do this then its not unreasonable to ask her to work with you to facilitate contact...its not whats best for her in the long run but whats best for your daughter.

If your ex is ignoring her own solicitors advice as far as your new wife being included in the contact sessions, then its a fair enough point that she is stalling the proceedings and there would be nothing wrong with you pointing that out.

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