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50/50 court outcome
#1
Hi, 

Does anybody know of a 50/50 shared care outcome  from a court hearing? 
I am just wondering if this is something that has ever been ordered.


Regards
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#2
There are people with 50/50 shared care orders. I don't know if the court ordered them or if they were by agreement (ie consent order). Someone on here has it I think - they might know.

One Solicitor told us Judges don't like "lives with both parents" (what used to be shared residence) orders in the North of England, but another Solicitor said there are orders made for that in the North of England. I get the impression things are a bit behind the courts of the South of England where it is supposed to be quite common. And I get the impression some solicitors aren't keen on it, thinking a Dad should have contact and a Mother have last say etc.

If you were going to apply for it, an argument could be that you want amicable co-parenting and if both parents need consent of the other then less arguments over changes, and that it would help with a pychological acceptance that time with both parents was equally important.

Another argument would be background/history - ie if you've been a hands-on Dad from day 1 and shared in things like nappy changing, cooking etc. Or if you haven't had that, then the argument that the children are used to doing x y z with you and have always spent a lot of quality time with both parents - together and separately.
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#3
I was advised by my solicitor that TRUE 50/50 is a hard sell, not only for childs sake, as mentioned above but opens up all kinds of trouble in allowing the non-resident to apply for primary carer [however unlikely to be successful] which then questions who can apply for benefits and who has day to day say. Its my belief that an order is only made where 50/50 has already existed but has been stopped by one parent.
Also told that CAFCASS bash very hard for compromise. Im going for 50/50 but have a very specific 3 nights with me and 4 nights with ex in mind.
Of course fascinated to hear if anyone has achieved 50/50? I believe the courts would need to see that everyone gets on well to award that, which negates the need for an order but lets see.

Bear in mind if anyone has 50/50 its unlikely theyll be on here complaining about it.
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#4
I have 50/50, week on week off with my children as well as a signed family based arrangement for shared/co-parenting. Works very well for them both, admittedly a lot of parents out there have difficulty with this due to work commitments but i was hard set on not becoming a "McDonalds Dad".

This is also backed up with a Court Order after the ex pulled out of going for primary care, full custody and changing schools (as we had already been doing 50/50 for some time and was explicitly told the courts don't tend to change existing agreements and especially schools without a welfare concern). The Court issued an order detailing the reason why she pulled out, hence the order without actually going to a full hearing Smile
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#5
I have 50:50
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#6
Thanks guys. We need more good story's here to encourage fathers in the negotiating process. I read the forums and see how low fathers expectations are, and it is really depressing.I know that is reality to some extent, but we can't change reality, If we don't ask for it in the courts. Then the Disney dad image will remain the norm.

LTCDAD, did the court order it or was it by agreement?
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#7
Court order but not a simply one ;-)

Ex applied for 100% custody... 15 month court battle (mostly her and the judge looking at each other with tilted heads... i said very little, but what i did say was the truth)... and then judge basically told her off for asking for something that was damaging to kids in order to get higher child maintenance and awarded perfect 50:50
Since then my ex has become a dream co-parent and easy to work with

OK ...OK... the last sentence is not true
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#8
Wow, great thanks LTCDAD. I have been looking for months for a single example of 50:50 shared care court order and found none.

You are living proof that it can happen.
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#9
more complicated... so PM me if you need to know more
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#10
Keep you head held high and try as much as you can... if you already have 50:50 today and i mean something like week on week off as well as playing a very active role in their day-to-day care then you have a very good standing, legally. If you don't have this then don't give up, in the end if you have the capacity to provide that level of care you still have a good case.

LTCDAD - your experience and situation sounds 98% like mine, except without the 15 month court battle; she pulled out before it got that far. But you are right, and i've read many a story where Magistrates have stern words with a parent who pushes to make major changes to existing agreements for what can only be seen as an attempt for financial gain. Agreed on your last sentence to. Mine is a co-parent, but not a dream hahaha!
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