50/50

Posted by: @vickram

my ex has alot of hostility towards me, and i have none towards her. i want to get 50/50 access and i have a fact finding coming up.  my youngest is 2 and 6 years old.

what are my chances

Hi,

because of your children's ages I think it will be unlikely for you to get 50/50 arrangement. Also depends on the outcome of the fact finding hearing. It seems that if there is lot of animosity and/or poor communication between parents, then the court do not like giving 50/50.

hi thanks for reply.

ive always have been in my childrens lives and done everything for them, until ex relocated with them without my permission.  if the allegations of abuse are proven to be false, is it still that my chances of 50/50 are nil.    what kind of chance will i get, just every other weekend?

i had the initial c100 granted in my favour and for kids to be returned to family home, the ex then made allegations and the c100 claim was dismissed, so we are near a fact finding trial.

How far do the kids live from you? if there's no safeguarding concerns from court point of view, then distance from kids usually decide what kind of arrangement you can get. other things like your work commitments. They got me doing school runs whenever I pick up drop kids. The standard arrangement court give is fri-sun every other weekend, 2 weeks in summer holidays. or half of school holidays if you request it. 

hi

i live 1 hour away, but im willing to move closer to be with the kids. i want to get as many days or as close as possible.  im also currently stuck in a contact centre

@vickram have Cafcass been involved? are they doing a section 7 report?

cafcass was involved due to the fact finding trial.  she made allegations and i ended up in a contact centre.    theres no section 7 as far as im aware yet.  

i will have a final hearing after FF, maybe a section 7 will come by then.  

There will definitely not be a 50-50 arrangement unless by consent. Realistically at the end of the family court process you may end up with every other weekend, half of the holidays and whilst you live a hour away maybe a school pick up (play + supper) ,but only with your oldest one more than likely.If you moved closer you should be able to get a school pick up during week /drop to school in morning

as i live 1 hour away, would i need to move by closer before my final hearing to try and get more days?   or could i move close at a later date once i know i can get maybe a midweek stay overnight.   otherwise i could end up moving and not get the kids weekday.  i need to be sure i can get them before i move.

@vik2001 do you have a solicitor or are you self-representing? courts tend to not allow mid-week overnights if a child is not in nursery and above. apparently 45 min commute for school run is acceptable. would you be able to do any school runs? I found in court that if I wanted extra time with kids, then have to do school runs.

i do have a solictor. im just trying to arm myself with as much knowledge as possible.

yes i can do school runs, i just dont want to loose what i previosuly had which included doing school runs and pick ups.  it just sounds like this system isnt designed for fathers.  i got a job as a home worker to enable me to help out when i had kids.  sometimes it just feels i should give up and take default.   getting up to the fact finding trial has already set me back 26k

@vik2001 have you considered dropping the solicitor. a cheaper option is to instruct a direct access barrister for each hearing. you can look up on:

https://www.directaccessportal.co.uk/search/1/barrister