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Getting 50/50 residency after mediation
(10-06-2016, 08:58 AM)philflan Wrote: Here's the background, I was married, had two children and now separated going through the divorce process. I have my own flat on a mortgage, self employed business owner, paying child support
Me and the kids mum got on fine until a few months ago and we have just gone through mediation agreeing that I would have the kids 10 nights a month. The days I agreed on are really awkward and mean I never get any weekends off and she has already started changing the agreement to suite her like taking days off me here and there and picking up from school when she shouldn't be
So I feel like I am just being pushed out slowly. 
I wanted to know about the court process, if I go to get a court order what are the chances of me getting 50/50 with the kids rather than 10 days a month. Could it all backfire and I get to see the kids less than I do now? What sort of arrangements do the court make, one day with each parent, one week each, half a week each?
The mum has said she wont let me have more or during the week because it messes with their schedule which is nonesence because they are always very well behaved and go to school on time when with me.

The problem you have is following Welfare Benefit Reforms in a case where either party might be on some form of Benefits (even Tax Credits) then it causes no end of problems. The normal is one parent will exceed 50%, and that is for Child Benefit considered to be the Resident Parent.

Courts look at
1, your availability (its your choice of times considered, not your ex's choice)
2, are you being reasonable in what your asking for
3, will it leave your ex with "Quality Time".

A very important part of this is her schedule has no bearing on this, and the fact that she agreed to 10 nights a month (you can evidence the Mediation Agreement to back this up), means the starting point it for her to show "significant" reason to reduce it.

You have to show reason to change it, but I am sure this is just due to your ex changing dates/times and for you to have a more workable timetable, to suit your business needs.

The normal is arrangements for term time, and school holidays separate.

Typical Contact is Friday till Sunday every 2 weeks

More towards shared care, perhaps add in a mid week visit/stay and perhaps 1 or 2 on the week they do not come at weekend. This could be from staying overnight to just coming to play for a hour or so, having dinner and going home.

While money changing hands has no legal bearing on contact, its only "Staying" contact what counts for Child Support.

Even in a typical contact situation, a court will half school holidays, but this is 6.5 weeks a year.

The 4 week option would be 1 week Easter and Christmas, and 2 weeks in the Summer. Other school holidays are only 1 week, so you would have a normal weekend. You might tag on some Bank Holidays etc.

Telephone or Social Media Contact can be part of an order. You can ask for school holiday dates to be agreed 2 months in advance, to book holidays etc, and if you want to be able to take the child out of the UK for a holiday, in your application as for this leave. (Law is you need consent from everyone with PR or court order).

Self Representing is done a lot now due to legal aid cuts, and a lot of a case is statements/reports where you have 2 weeks to do them.

Court Application fee is £215, but unless you need to get anything like Medical Reports, that is your only cost.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.

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RE: Getting 50/50 residency after mediation - by MarkR - 10-06-2016, 05:07 PM

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