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Hello All.
I have sent off the C100 after ex refused to engage in mediation, so just awaiting the court date.
In brief - I am seeking a 50/50 share of child arrangements for my three children.
The ex refuses, but wont say why.
The children support me in this, there are no issues regarding violence (and none ever reported to social services), and I have accomodation with four bedrooms so they can live ok.
I live 10 mins from their mother's house which she shares with boyfriend.
My question: how likely is it that an order would be made at the FHDRA? I understand that if "no agreement is possible" then the court would adjourn....but what is the likely scenario if the ex can't provide a reason why she resfuses to share them?
Thanks in advance.
Hi,
Have you had phone call with cafcass yet? They would also speak to your ex. If she does not raise any safeguarding issues then you will have an easy time.
How old are kids and whats current arrangements like?
I think it will be very unlikely that FHDRA will be final. If your ex disagrees with 50/50 for whatever reasons, they will likely set date for a 2nd hearing.
@bill337 Thanks Bill. They are 6, 12 and 15. I cant imagne how or why she would allege anything around safeguarding as I already see them regularly.
You say we would have an easy time...that is very tempting! Yet, if there is no suggestion of safeguarding, I can't think of why we would have to go to another hearing. Could the court just make final orders on the day? I thought the system would appreciate clearing up space for more complicated arrangements?
I presume this would all hinge on what the ex would say as a reason to not share 50/50?
@papasmall she could disagree with 50/50 for any reason, such as it would affect stability of child. if you both can not agree, judges will make final decision. can be unpredictable.
Impossible to say, Judges vary so much in terms of quality/intellect/bias. False allegations are a remarkably common tool by mother's (most commonly) to gain advantage. This is encouraged by the abject lack of any sanction when found to be false. One father, the main carer, was accused by his GP ex wife of killing the family dog in a rage - he went to huge efforts gathering some 90+ (if I recall) witness statements confirming that the family never had a dog! The problem is often not refuting lies but rather the months in the children's lives wasted in doing so. This is the power of false allegations.
I, and the children, found CAFCASS incredibly helpful until the mother claimed bias and CAFCASS appointed a misandric social worker - the family courts are beyond Pythonesque at times. One judge told me that the mother hitting my child was a 'parenting style' - had I done it contact would have been STOPPED! And mine were also old enough to be 'listened to' - but the court only wanted to hear something different from what they had to say!
I guess the point is hope for the best but be prepared for the lazy, palpably, unfair! I won't even mention the impotence of the family courts in enforcing their own orders!!
@selous thank you for that. I am just going to have to rely on her better nature. To lie about anything regarding the children would be a mistake and I have to trust her not to do this.
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