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Help with application!!!!
#11
Ok so they are over 2 years old. You can have "lives with" shared care without it being 50/50. Although may be best to go for 50/50 and accept less if necessary. So you could have every other week-end from Friday after school through to Monday morning and one midweek night one week and two midweek nights the alternate week. That is almost 50/50 bar one night.
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#12
This is what I have written for the application in the brief description section.

*** and I have been separated for 10 months and during that time the children have lived with both of us during the week. However, the schedule is not ideal for the childrens' stability; this would be improved with more consistency and consecutive days and nights equally shared with both parents. *** and I originally made an informal agreement which then broke down after **** met with a solicitor. Since **** and I have attended mediation, we have a more formalised schedule.
I am bringing this to court with the hope of obtaining 50/50 shared care as I feel this would be the best option for the children currently.
**** is reluctant to be away from the children for longer periods of time although I feel it would be beneficial for the children to have that consistency.

What are peoples thoughts? is this a good start to an application?
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#13
I think it's good. But maybe adjust the last 3 lines a bit to be clear why the formalised schedule from mediation doesn't work and what it is. so eg

Since xxxx and I have attended mediation there has been a more formalised schedule of .... (whatever the schedule is) but, we are still unable to agree on an ongoing schedule. I think it would be much more benefiicial for the children to be able to stay overnight on x night a week and have less changeovers and quality time with each parent (or whatever depending on your circumstances and the schedule). Xxx's view is that she doesn't wish the children to be away for longer periods of time or overnight. However I feel her view related to the number of overnights relates nore to increased child maintenance payments. I believe it would benefit the children to have the consistency and ongoing stability and would continue to pay the same level of child maintenance.

I wish to ask the court for a 50/50 shared care schedule as follows: (Then set out what you want).

I'm still not clear what your current schedule is, sorry. Could you write it out as in days and times you currently have them and where you return them to? Over a fortnight? Then can see what might look reasonable to ask for.
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#14
Just reading back. You have them every other week-end. You see them every Thursday but only from 7.30am when she drops them off (until time for nursery?) and you see them one Wednesday night a month. Is that right. I would be more specific about that in the wording of your application.

How about

*** and I have been separated for 10 months and during that time the children have lived with both of us during the week. *** and I originally made an informal agreement which then broke down after **** had legal advice. Since xxxx and I attended mediation there has been a more formalised schedule of every other week-end, every Thursday from 7.30am to 9am and one Wednesday night a month, and half the school holidays, but we are still unable to agree on an ongoing stable schedule for the children. I think it would be much more benefiicial for the children to be able to stay overnight with me on Wednesday and Thursday nights every week, rather than be dropped off with me at 7.30am, as this would mean less changeovers and more consistent quality time with each parent.

I believe ****'s view is is that she doesn't wish the children to be away for longer periods of time or overnight. However I feel this view may relate to the level of child maintenance payments being affected by the number of nights the children spend with me. I feel it would benefit the children to have the consistency and ongoing stability and am happy to pay the same level of child maintenance by private written arrangement. I do not feel it is good for the children to be dropped off with me at 7.30am in the morning for a couple of hours, when they could be with me overnight the night before instead.

I wish to ask the court to make an order for 50/50 shared care as follows:

For the children to live with me

Every other week-end from Friday from nursery to Monday return to nursery
Every Wednesday and Thursday nights
Half the school holidays

For the children to live with their Mother the rest of the time.


You could tweak it to how it sounds right to you and with the circumstances etc. The wording goes in the summary box. If you don't have enough space you can write "Please see attached sheet" in the summary box and type it and print it out, but you need to put your name and Application details at the top (ie Application for Child Arrangements order "lives with" both parents). And you need to copy the statement of truth wording from under the summary box onto the bottom of the sheet and sign and date it. Then staple that sheet on the back when the form is finished (or inserted behind the page with the summary box).
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#15
You’re a good man Charlie
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#16
I just realised the flaw in that argument! That if you did get 50/50 shared care technically you wouldn't need to pay any child maintenance at all, but if you can afford to pay what you are now then it might help your case for 50/50.
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#17
Hi Charlie,

Many thanks for taking the time to help me out I really appreciate it.

Mon day - ex / Mon night - ex (She has all day and all night)

Tue day - school / Tues night - ex (She drops both kids to nursery at 9am, picks up at 3pm....I have asked to have them this day and she refused saying she didn't want to upset their routine)

Wed day - School / Wed night - ex ( she drops 1 child to nursery & 1 child to pre school at 9am, picks up at 3pm) ( 1 night a month I pick up kids which i managed to obtain from mediation this Wednesday night falls when I do not have kids for weekend)

Thur day - Me / Thur night - Me ( She drops them off to me at 7.30am, sometimes half asleep, sometimes half dressed. I have them all day and all night)

Fri day - school / Fri Night - ex ( I drop 1 child to nursery & 1 child to pre school at 9am, she picks up at 3pm)

Sat day - ex / Sat night - ex ( she has kids all day and all night)

Sun day - ex / Sun night - ex ( she has kids all day and all night)

Mon day - ex / Mon night - ex (She has all day and all night)

Tue day - school / Tues night - ex (She drops both kids to nursery at 9am, picks up at 3pm....I have asked to have them this day and she refused saying she didn't want to upset their routine)

Wed day - School / Wed night - ex ( she drops 1 child to nursery & 1 child to pre school at 9am, picks up at 3pm)

Thur day - Me / Thur night - Me ( She drops them off to me at 7.30am, sometimes half asleep, sometimes half dressed. I have them all day and all night)

Fri day - school / Fri Night - Me ( I drop 1 child to nursery & 1 child to pre school at 9am, I pick up at 3pm, I then have them all night)

Sat day - Me / Sat night - Me ( I have the kids all day and all night)

Sun day - Me / Sun night - EX ( I have the kids all day and drop back at 4.30pm she then has them the night)

I was hoping to obtain Wednesday nights...I think this would 100% be best for the kids to wake where they are to be that day.

Then to make it 50/50 shared care I need to obtain one more evening over the two week cycle. This is why I asked if being classed as 50/50 shared care is the same as actual physical time being 50/50.

Originally I was paying for half the childcare costs. My ex then said she doesn't want this as she is now claiming through credits. I have not paid her a penny for a few months now. My position is such that I don't really have the funds to give her much anyway as I already have reduced my work commitments to 3 & 1/2 day weeks. If I received the Tuesday too it would be a 2 & 1/2 day week. I would survive, but definitely wouldn't be able to fund my ex also. If I won 50/50 there would be no childcare costs intact. A burden the government wouldn't have to fork out.
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#18
Much easier if she accepts no child maintenance payments! Yes you can have shared care "lives with" without it being 50/50. I have 70/30 approx and on my order it says for the avoidance of doubt the care is equally shared despite the unequal nights. Or something like that.

So if you had one night a week less you could still have shared care. Then you would probably be a liable for some child maintenance but if you have a private agreement that you don't pay any, get that in writing! I'd be a bit cautious there though. And can see 50/50 would mean she wouldn't turn round later and ask for it.

Yes if you had Wednesday night and Thursday night each week it would not only be better but would mean you would almost have 50/50. To get that you'd need to keep them on the Sunday night after your week-end. So then you'd have a 2-2-5-5 pattern. But she maybe doesn't want them away for 5 nights at a time when it's your week-end.

There are some sample schedules here

https://www.custodyxchange.com/examples/...les/50-50/
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#19
Thank you again.

So just to confirm in the box for nature of application I skip the child arrangement order and put in specific issue order then within box write...(Child arrangement order - 50/50 shared care 'lives with' both parents) ?? is that correct or do I simply go straight for the child arrangement order?

Also, Ive noticed they only ask for brief details on the application and not the full statement. Do you think I should start to get more specific with the schedules at a later date or just go straight in on the brief summary?
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#20
Not sure what the specific issue is? If you're applying for a Child Arrangements order then you put that in the box. You can put it in both places. In the box at the start when it asks the nature of the application you put Child Arrangements order for child to live with both parents on a 50/50 shared care basis. Were you applying for a specific issues order as well? If so you also put that in the same box. So for example then you would put "Child Arrangements order for child to live with both parents on a 50/50 shared care basis and Specific Issues order". Then later in the summary you say what the specific issues order is about.

Yes they do only ask for brief details in the summary box and it's not very big. And while you don't do a full statement at this stage you can write more for the summary box - by putting "see attached sheet" in it. You can then type out your summary on a sheet of A4 as long as you put your name and what you're applying for at the top (as in the box), and copy the statement of truth wording at the bottom and sign it and date it (copy it from under the summary box).

Up to a sheet of A4 is ok - any more than that and they may not bother to read all of it. Although you can still be brief it gives scope to give a bit more detail and say exactly what you're asking for and why. If you're sure what pattern you want. If you're not sure you could leave it as just 50/50 shared care.

On my application summary I had a short paragraph saying what I was applying for and briefly why (eg no contact since x date or whatever). Then a brief paragraph about the recent circumstances why I thought what I was asking for would be good for son's ongoing stability and continuity and to enjoy both homes and both parents. Then a line about what the ex's point of view is and that I disagreed with this (I read somewhere they like you to say what the other person's point of view is).

Then the details of what I was asking for and asking for an interim order. And finally a very brief paragraph about the history of care (if relevant) to show I had been a full on parent from the start and that this should continue.

So for example - other person's point of view. After you've said what you want and why you could say "Jane's point of view is that the children should live with her all the time and not have regular time with me. I do not agree with this and think it affects their sense of security by not having contact with me".
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