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Gents,
Here's an interesting one, so thought to post it to the forum for maximum value. The couple are close friends of mine (referred to as M & F henceforth).
M has been battling with the consequences a terrible spinal injury after falling victim to a horrific attack by thugs. M and her soon-to-be-ex have separated prior to her injury. They have three children between them - boy 11, girl 7 and girl 5. Since separating, children lived with M, with F having shared residence on weekends by consent.
Now they are divorcing. F is arguing he should get sole residence given M is unfit, needing constant help and a carer to take care of her basic needs - she's paraplegic and has difficulty with essential functions such as intermittent breathing difficulty. M argues back that she's been primary carer prior to injury and cites discrimination in her statement.
Can someone shed light, citing experience and/or similar cases? what's the general outcome of case law in these cases?
Wow, that's a tricky one. From a purely practical point of view, I can see the case that she can't easily provide for their basic needs but with there being a boy of 11, he could help to some extent.
I think it's worth her having a word with the citizens advice bureau on her rights, but I really think that this should be sorted out with mediation and a reasonable compromise found.
Its an interesting case Enkido - and I suggest you perhaps speak to DaveR on this as he has some knowledge on medical assessment of physical disability to influence issue of residence.
I guess 90% (although about 50% of dad.info lol) of orders are by consent. There will be lots of too-ing and throwing; hopefully they will find some common ground.
My personal belief is that there is a gender bias. I always get confused with M/F is this mother or father or male and female? There well may be discrimination but at the end of the day id M is not physically able to manage then I suspect they are likely to lose out - however given they are currently with M she cannot be as bad as one would expect a tetraplegic to be otherwise the kids would be looking after themselves? They are also of an age where there views maybe given some weight.
Case law I find rarely influences judges - but I stand to be corrected particularly in this setting.
Who are you siding with 🙂
I personally think this will end up with shared residency and hopefully the kids arent majorly affected by this
Oh, I'm siding with no one boycieuk .. it's a tragic affair as it is, and the couple are both friends of mine.
The kids were living with their mother (M) prior to her accident. I'll update the thread if/when I hear anything .. perhaps it's one for the archives.
Good point about the eldest able to help out actd. That said, how is it fair on the child, wellbeing and education if M herself is physically impaired?
Don't know .. it is a tragic one. Known the couple for years, both good parents.
Regards the child helping....Children are expected to do some work however when it affects them being children then it would go against.
I forget the wording but in essence if the child cannot go to clubs, spend time with friends or loses out on childhood in any way then it is deemed as detrimental.
Fetching slippers or tidying theyre room isnt a concern.
Having to make dinner every night would be etc.
Regards,
Dave
I agree enkido that it won't necessarily be fair on the children - it depends on how much they need to help out, I think were to lose out on their childhood, then it would be detrimental. Put it this way, if I were the judge, I think I would need a massive amount of persuading that living with M wasn't overall detrimental to the children's wellbeing. However, I would also expect F to be doing a lot, lot more than may be normally expected to facilitate contact - though I would have hoped that this could have been done by agreement without even going to mediation.
Since you are good friends with both - is there any way you can help to mediate between them if necessary?
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