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Shared care
#1
Hi all,

Since I have split from my ex (i moved out of marital home on 10 July 2018) I have had our two children 3 nights a week term time and 50/50 during holidays. This amounts to 161 nights a year. 21 nights short of having them 50/50. This arrangement was decided and agreed upon during mediation.

She refuses to give me 50/50 as she is adamant that she is the primary carer and she does not want to relinquish this control she has over me.

If I was to now take this matter to court what are my chances of the court deciding 50/50 shared care? We live equal distance away from school and clubs and so far it has worked a treat 3nights a week. What kind of things must I demonstrate to the court to have 50/50 granted?

All help welcome
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#2
Family court will wander why you are going to court when you already have an agreement that is working very well. Your ex wont give you anymore as then she wouldnt get all the benefits she can claim and family court know this as well so do not like doing 50/50 if theres likely to be disputes. You have very good contact so best to stick to that
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#3
What Warwickshire said. She will lose the child support if it's 50/50 so she has no incentive. What you could do maybe, is say to her that you will accept 3 nights a week ongoing if she is willing to formalise that within a consent order and say you want the kids to have certainty they will see you both regularly with a routine and a schedule and so you can both make good plans for them so they have things to look forward to. But she'll probably just say no. It's galling when they wield the power card but just ignore it and enjoy life with your kids. But keep records, and any arrangements for date changes or holidays etc in writing (email). And keep a diary/calendar of when the kids are with you, and what you did now and then.
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