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Chance of 50/50 res...
 
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[Solved] Chance of 50/50 residency? Experiences?

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Posts: 18
 C420
Registered
Topic starter
(@C420)
Eminent Member
Joined: 6 years ago

Hi all ! First time posting here !

Any advice/ experience with successfully getting 50/50 residency? My boy is 4 years old and until now I’ve seen him 1 day every other week . Our court order is for one day / overnight every weekend but I requested to my ex I reduce it to once a fortnight as he’s been getting upset coming to see me . My ex has stopped contact again and I’ve applied for an enforcement order but requested 50/50 residency on the c79 application.

My situation is ( being totally honest )
- I work full time 6-6 daily and 6-1 alternate weekends. I would get my partner to do the school runs etc
- I live in a 3 bed rental with 3 adults ( me , gf and gf’s brother ) and 2 children .
- Me and my ex do not get on so I am concerned at how we would communicate such a complex arrangement but I don’t see why I should have to miss out on time with my boy because of this.

My ex is totally against it and her main argument is that she works school hours and is available to pick my son up and take to school every day and says that if I am not actually caring for him then she should have the opportunity to . She also says my accommodation isn’t adequate for a 50/50 arrangement.
She has offered me week contact and alternate weekends from fri eve to sun eve .

Have I got any chance of getting 50/50?

Thanks guys

7 Replies
Posts: 5423
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi C420,

there will be others on here who can better advise you, if they got 50/50.
during my hearings, for me the childrens ages were main factor. like you i work full-time. i do 8-4 mon-fri. i would struggle to do things like school runs, especially as ex has already rejected mid-week overnight stays or sun-mon overnights etc. i have a 3 year old and 5 year old.

you stated that you have asked your ex for contact with your child to be reduced, as he gets upset/missing mum. these kind of things will not go in your favor. as your ex will tell court that you asked for reduced contact, but now you want 50/50? I will sit tight and wait for kids to reach age where they go to school on their own. then i will have better chance of getting 50/50. I think you should do the same.

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Posts: 540
Registered
(@motherofafather)
Honorable Member
Joined: 10 years ago

Hello C420,

I cannot comment on your chances of getting 50/50 residency as I do not have enough experience and knowledge. All cases that go before a court are individual and are treated as such.

If there are no safeguarding or welfare issues I believe a Court Order mostly stipulates at that age of a child the father can have access alternate weekends from Friday to Sunday and a midweek visit. This is what your Ex is offering you. I would consider carefully her offer which I think is reasonable.

I do not understand when you have a Court Order why you have reduced your hours for contact with your child from one day a week to one day a fortnight and then go on to say you have requested 50/50 residency. If one day a week is difficult for you, how would you cope with 50/50 residency?

I appreciate your work commitments. I ask if alternate weekends from Friday to Sunday when you are not working on that weekend, plus a midweek visit for tea would be more manageable for you?

You also state that you, quote, "requested to my ex I reduce it to once a fortnight as he's been getting upset coming to see me." Why do you think he has been getting upset?

Unfortunately for fathers to gain access to their child/ren it appears to me to be a progressive step by step approach to the courts made at appropriate times if access is to be increased, unless of course, there were any safeguarding and/or welfare issues which would be taken very seriously and looked into in depth by the court.

My personal opinion would be to think carefully what you, yourself can manage and keep on good terms with your ex and negotiate with her.

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Posts: 5423
(@dadmod2)
Illustrious Member
Joined: 6 years ago

i agree with MotherofaFather. better not to apply for 50/50 right now. the mother will just tell the court that you have already asked for reduced contact with your child, because you cant handle him staying more often (you will disagree with this for sure, but this is what she will most likely state, and court will be gullible and believe that to be true). then case gets thrown out. a very likely scenario.

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

Hi there

I’ve got to be honest... your work commitments, lack of accommodation, the fact that you don’t communicate with your ex, that you reduced your ordered contact and the fact that your ex objects to the changes, doesn’t look too favourable for you.

Like MotherofaFather, I wonder if the alternate weekends and weekly midweek visit that’s been offered, wouldn’t be more compatible with your current situation.

Most enforcement applications end up becoming variations of the existing order, this may be an opportunity to get your existing order more tailored to your needs, perhaps you can ask for a 50/50 share of all holidays as a compromise.

Best. Of luck

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