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Arguments for 50/50 shared care
#1
Just wondering what are good arguments for this, particularly with a hostile ex who has made allegations and been alienating. And in a circumstance where have had four nights a fortnight for a number of years.
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#2
(02-10-2018, 06:32 AM)Charlie7000 Wrote: Just wondering what are good arguments for this, particularly with a hostile ex who has made allegations and been alienating. And in a circumstance where have had four nights a fortnight for a number of years.

The first issue you will have, is having to show why arrangements what have lasted a number of years need to be looked at again.

The second issue, is Courts do not often do 50/50, since the Wefare Benefit reforms. They know the Order made where rival claims for Child Benefit are made will need to make it clear who exceeds 50% of the nights.
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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#3
Thanks Mark. How does 50/50 affect the Welfare Benefit reforms?
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#4
(02-10-2018, 12:13 PM)Charlie7000 Wrote: Thanks Mark. How does 50/50 affect the Welfare Benefit reforms?

The changes made in 2013 made it so Child Benefit was the deciding factor for everything, in terms of claiming
Child Tax Credit,
Childs Occupany when working out rooms the law says you need for Housing Benefit
In most cases, the other parent would have to pay Child Support.

The person who gets the Child Benefit gets their money topped up to what the law says they need to live off, taking into account their household.
Before the reforms, a court could award part of the benefits paid for the child, to be handed over. That is not an option they have now.

This is why most Court Orders say xxx LIVES WITH, to make it clear to Child Benefit, who exceeds the 50% of the nights.
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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#5
It is very informative Mark that. And I can understand why that might be a factor in their decision.

But I think for higher income families that should not be a factor. I can't help thinking it is a mindset issue with the judges.

They still mostly think it is quality not quantity that matters and that the mother is still best to keep the child in one main home, eventually with a step dad as the father figure.they think things are so much more practical then. The mother is free to go wherever she likes with new partner and form a stable new family unit.

Shared care throws a spanner in their way of thinking.
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#6
I made a strong point about having both parents doing the 'hard bits' of parenting (bedtime, homework etc) rather than just the fun stuff was very important for their sense of wellbeing, security and being loved. The justices were very impressed with this point, from what I could tell.
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#7
Great stuff, thank you Marwood.
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