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Final Hearing and shared residency

 
(@Vik2001)
Reputable Member Registered

how do you get shared residency, i got a final hearing coming up in next few weeks.  how would i present my case to get shared residency, apart from simply asking for it?

Is shared residency only 50/50 access or can u get shared residency with a less split like 60/40 or even 70/30.

Its what I want to fight to get, any tips, suggestion for final hearing appreciated. 

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Topic starter Posted : 23/07/2021 7:23 am
(@champagne)
Honorable Member

I believe you will need to demonstrate how you will manage to care for the children around work commitments, getting them to school etc.  Splits giving you more than 50/50 can happen if the mother has issues such as mental health and cannot care for the children properly.  Its not clear what has happened so far but if a section 7 report has been ordered that is the time to discuss with CAFCASS the arrangement you would like and how you will manage.  Make sure you keep child focused in the discussions.

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Posted : 23/07/2021 8:32 am

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(@fer17)
Estimable Member Registered

I am not sure on your situation, but it will most likely depend on what your ex will agree to or even what cafcass have suggested (if they have been involved) there is no harm in asking for it, but from my experience, they don't make it easy. If you cannot come up with an agreement, they may offer a final contested hearing, but this would mean waiting for a few more months for a date. Maybe ask for 50/50, if you get any resistance then go for 60/40.

At the end of the day, it will be down to the ex to put her case across as to why she will not accept 50/50. Good luck with it though. 

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Posted : 23/07/2021 8:32 am
(@Vik2001)
Reputable Member Registered

ive had a cafcass section 7, i should receive the outcome in the next 2-3weeks.

they did say to me there is hostility, as the mother kept slandering me. i stayed child focussed, and talked about how i will be moving closer and how flexible my work can be.  ive always been involved in kids life till mother moved away with them.  been through a fact fidning, with no finding against me. ive also done multiple courses for self parenting, kids etc which cafcass was impressed by.

so basically the ex does not want me to have any access or very limited.  so im fighting against her demands.  

i have a first hearing coming up, with 2 days booked in court the following week after for a final hearing. i expect it to go to final hearing, as ex will no way negoitate with me.

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Topic starter Posted : 23/07/2021 8:43 am

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