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Thank you for your reply .
I understand what everyone is saying and will need to rethink my requests .
I’m your experience from on here etc how often is a 50:50 arrangement awarded at a final hearing ( as my ex will certainly not agree unless overruled my a judge ) ?
The dads who have achieved 50:50 what were their circumstances? I.e working part time etc? Just trying to get an understanding as to what I would need to change to enable me to stand a chance at getting 50:50
Thanks again
Hi there,
I took my son's mother to Court 5 years ago to increase the amount of time he and I spent together (she was only allowing one day a week - which she described at the time as "very generous"). When making the application, I had to give serious consideration to how much time I wanted, and how much was realistic -which are not always the same thing, when work etc are factored in.
As I was self-employed and could work flexibly, I was able to go for the standard arrangement of every other weekend (Friday to Monday) and a midweek overnight. I was also able to go for and commit to my son being with me for half of all school holidays. Schools generally get around 90 days holidays each academic year (when you add up all the half terms and end of terms and the weekends attached to them - including the bumper 6 weeks long Summer holidays), so that works out at 45 days holidays with each parent. I don't know what your Leave entitlement is - if you get 45 days each year, then going for half the holidays is realistic.
Maybe you could go for a 'standard' arrangement, with an incremental increase in time with your son each year until you get to that 50:50 arrangement you would like, which might give you the chance to see how this would realistically work, particular if your work becomes more flexible, and you are able to provide a room for your son as he gets he gets older and would want one.
have a read of this:
The recent case of M(A Child) [2014]EWCA Civ 1755 gives guidance as to the likelihood of shared care arrangements being Ordered by the Court after the Children and Families Act has come into force. This case involved a Tanzanian couple who lived in London. The dad had older children from a previous relationship, two of whom were at university. The application related to their son aged 5½ years. Dad applied to the Court for the son to live with him permanently, which was responded to by the mother taking her son to Newcastle to live there permanently with him. She did so without the consent of dad or the Court. The distance between the two homes posed problems for a shared care arrangement. The trial judge dealt with this by ordering a shared care arrangement dependent upon the mother’s agreement to return to live in London yet he did not expressly make it a condition of the Order that the mother return.
On appeal the Judge commented:
“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 every day life for a child is accommodated without undue emotional fall out.
There is no longer any need, because of the change in legislation, to impose a shared order under section 8. 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.”
Many dads in particular will no doubt think this bad news but a recent study of 200 cases concluded during 2011 has found that dads are treated fairly through the family Court and are “overwhelmingly” successful in obtaining Court Orders that confirm periods of time their children are to spend with them. Historically these Orders were access or contact orders and are now since Children and Families Act called child arrangement orders. The study, conducted by the University of Warwick and University of Reading and funded by the Nuffield Foundation concludes:- “there was actually no indication of any bias towards mothers over fathers by the courts”.
https://www.emsleys.co.uk/blog/what-does-shared-care-actually-mean
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