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Final Hearing comin...
 
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Final Hearing coming up - I am desperate for 50/50!

 
(@dadseekinghelp44)
Eminent Member Registered

My final court hearing is coming up to finalise child arrangement for my 2 sons.

So far, I am completely disgusted and let down by the system. Cafcass are awful - the S7 report completed sided with my ex. 

I currently have my sons every other week Thurs-Mon (drop off at school). We split all school holidays equally. The cafcass report recommends I see have my sons for a lesser time!! They recommend Thurs - Sunday because this is what my ex wants. 

I really would love 50/50 to have quality time with my boys and be fully involved in their lives. I live 10mins from their school and home with their mum and I WFH so can be fully flexible no issues. 

I would love some advice - Has anyone ever won 50/50 when cafcass recommended less?!

Quote
Topic starter Posted : 03/03/2022 4:53 pm
(@dadmod2)
Illustrious Member

hi,

I don't have 50/50, but when I went through courts last time I did find they went against the cafcass recommendations and gave me more time. Cafcass told me things like the mother can not bear to be away from the kids for more than 3 nights. So in the report she recommended 3 night stays any time throughout the year. I disagreed. The judges were very helpful and gave what I requested, like 7 night stays in the longer school holidays etc. If your expected to put together a statement in response to Cafcass report, then I suggest you make a strong case for the arrangements your seeking and how it benefits the children. You can refer to the child welfare checklist when writing your statements:

https://childlawadvice.org.uk/information-pages/the-welfare-checklist/

try to keep it 100% child-focused and I hope you get an outcome that's best for the kids and yourself.

ReplyQuote
Posted : 03/03/2022 5:20 pm
(@dadmod4)
Illustrious Member

It sounds like currently you are getting more than 50/50 as you have them 4 nights per week. I wonder if your ex is doing this so you have less than 50/50 so that she can get maintenance.

 

ReplyQuote
Posted : 03/03/2022 5:49 pm
(@Vik2001)
Reputable Member Registered

the judge can always go against the cafcass report and recommend what they see fit after listning to both side.

you just need to present your case well.  you could ask the arrangement stays the same as the boys are used to it, and it be to disruptive to change it.  stick to your guns and go for 50/50.  if you got no crazy allegations against you, live near by their school within 30mins to do drop offs, and have flexible working times you will get what you want.

say things like you believe both parents should equally have the children in their lives as this is beneficial for children, present a plan of how the 50/50 will work and go for it.  talk about things you do with the boys, eg take them swimming, play footbal, homework etc.  how they meet with extended family on yr side.  it all helps.

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Posted : 04/03/2022 10:06 am
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