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Hi All,
Just received section 7 CAFCASS report, it is not great as expected. they have recommended 1 overnight per week, I was going for shared residency. The reason they provided is, we (ex & myself) do not get along. I have read few case laws, where Judge is clear that it is not a pre-request for both parties to have a good working relation for a shared residency.
How and where to use the case laws. Anyone has any experience.
Thanks,
Hi there
You can quote case law in your statement for a final hearing or also at a final hearing. The Custody Minefield has a good section on this and Bailii has a comprehensive data base of case law to search through.
http://thecustodyminefield.com/
As well as using case law, think about applying the Welfare Checklist to your points for statements and verbal submissions, this is what the courts and CAFCASS use when considering their decisions.
http://www.inbrief.co.uk/child-law/child-welfare-checklist.htm
Good luck.
Thanks very much Yoda. I have already submitted my statement, I guess I can mention in my position statement and at the final hearing.
Excellent advice from Yoda!
1 overnight per week will be minimum, remember that shared residency does not need to be 50:50
Thanks halfoyster.
What do you mean by 1 overnight per week will be minimum ? it’s CAFCASS recommendations, do you mean that court will take that as base and try to build upon that.
I want, what is in best interest of my child, 1 overnight is not sufficient. I think he should leave with a parent who is flexible and understanding towards his needs, so I am proposing 3-4 model.
Hey Rob
There's no guaranteed outcome in proceedings, it always comes down to the discretion of the judge. Often, CAFCASS recommendations are used as a guideline but they don't have to be set in stone.
Good luck
...as we suggest, always propose more contact than you ha e in mind, this gives you room to be seen to compromise.
Thanks All. I am proposing different options, which almost is 50 - 50 share.
Good luck and let us know if you need help and how you get on....
Thanks Yoda. Ya, certainly need all the help i can get.
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