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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Afternoon, I find myself looking to apply for a shared residence

Customer Question

Afternoon, I find myself looking to apply for a shared residence order is the correct form a C100.

My wife of seven years informed me unexpectedly that she wanted a divorce in January. Prior to Christmas I was the main carer for the children for the children in our normal routine. Last week my wife moved out taking the children with her and is being difficult regarding contact between the children and me. The children are 3 and 5.

I have today received a contact suggestion from her solicitor stating that she now wishes to offer one day contact each week and every other weekend. I find this astonishing as she works five days a week leaving the house before 8am and not getting home until after six. In essence she is proposing that the children live with her parents rather than me?

We have been going to mediation and trialing a 50/50 split but now it appears mediation is no longer suitable and I'm being browbeaten via her solicitor into a a lesser role in the children's life.

I intend to make an application to the family court to try and agree a firm arrangement going forward so therefore need a starting point of csubmitting the correct form!

many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
You are correct - the form is the C100
http://www.thecustodyminefield.com/CourtForms/C100.pdf
Do not go mad in Section 7 - the brief summary that you gave above is more than adequate
The fee is £215 unless you are eligible for fee remission http://www.justice.gov.uk/downloads/forms/hmcts-fees/ex160a-eng-upto-6.pdf
Please ask if you need further details
Clare