Hi,
Currently going through the court procedure had the first hearing recently which was adjourned due to the kids mother not speaking to CAFCASS beforehand and they was unable to do a CRB check.
At the initial meeting I stated that I would like 50/50 with the children as this seems like a fair way of doing things. CAFCASS rep stated that children aren’t property that can be cut in half which didn’t sound very partial, anyways is asking for 50/50 too much or nigh on impossible to succeed in getting? Am I better off changing my position at the next hearing which should be the actual thing.
we are currently every other weekend but even this isn’t working I often turn up and the door isn’t answered etc which I have record off amongst other things.
Hi,
Is this your first ever court application? How old are the kids?
Here is a statement from a judge I found on a law site:
It’s worth looking at the comment made by an appeal judge in the 2014 case of M(A Child):
“It is still the case that 50/50 shared care arrangements between parents are comparatively rare in private law children cases. Research shows that a number of factors have to be in place, practical matters such as the close geographical proximity, but, above all, the couple have to be on reasonable or good terms so that the to and fro of everyday life for a child is accommodated without undue emotional fall out.”
The judge continued: “Both parents have equal status. So a division of time 50/50 will remain, in my view, a rare order and only to be contemplated where there is some confidence that it will not work to the disadvantage of the child, albeit that the aim is to give good quality and substantial time with each parent.”
If your seeking 50/50 then I suggest you try to demonstrate how this arrangement will benefit the kids and how you can meet the needs of the children.