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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Good afternoon. My ex-husband wants to go to court to ask for

Customer Question

Good afternoon. My ex-husband wants to go to court to ask for sharing custody 50%? Does he got chance to win The hearing?
And if he wins, could he appeal after to reduce the child maintenance?
If we finally got custody 50-50, will I still receive a maintance for my daughters?
At the moment my daughters are Mondays with him, one Tuesday each week and weekends and holidays sharing at 50%.
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children, how long have you been separated and what contact does he have at the moment?
Clare
Customer: replied 2 years ago.
Dear Clare. Thank you for your response. My daughters are 6 and 8 years old. We got divorce last year. At the moment he is with the girls on Mondays and one Tuesday each, and then weekend and holidays sharing to 50%.
He goes to all event at school and participate to all school activities of the girls.
His salary is nearly three times my salary. I am receiving a maintenance of £800 for me and £812 for The girls.
At the moment he asked me for two days more per month and if i refunde he will go to court. He alleges that The girls need to be with a Childcare when they are with me for a period of time until i arrive From work, where as with him The girls would not need Childcare because he can collect them earlier than me.
Thank you
I look forward to heading From you
Monica
Expert:  Clare replied 2 years ago.
Hi
I am a little uncertain as to the actual pattern.
Do you mean he has the children every monday night, plus alternate Tuesday nights?
When does the weekend contact start and end?
Clare
Customer: replied 2 years ago.
Yes, Mondays spend the girls with him and every two Tuesdays. In week one, the children stay with the petitioner from 10am on a Saturday morning until he takes them to school on a Tuesday morning. In week two, the children stay with the petitioner from early morning on a Monday until he takes them to school on a Wednesday morning. The children's holidays are shared equally between both of us.
Expert:  Clare replied 2 years ago.
Hi
What extra contact is he asking for?
is the maintenance paid under a court order?
Are the children thriving with this arrangement?
Clare
Customer: replied 2 years ago.
He is asking for two Tuesdays per month, so having in total all Tuesdays. If I refuse this, he wants to go to Court and ask for sharing custody 50%. The girls don't want to see me suffer and they say that we are fine as we are now. But I wouldn't like to involve the girls.
Expert:  Clare replied 2 years ago.
Hi
Do you think the girls would in fact be happy being with dad every Tuesday?
Clare
Customer: replied 2 years ago.
The girls don't want anything to change because they know i want to be with them. The girls like to be in both places.
Expert:  Clare replied 2 years ago.
Hi
In general terms parents are expected to resolve such issues between them using Family mediation if necessary
www.familymediationhelpline.co.uk
Only if no agreement is made will the court become involved.
There are clearly no safe guarding issues involved and the children are too young for their wishes to be of great relevance
On that basis it has to be said that his request for two extra tuesdays is not unreasonable and frankly there is a high chance that he will be successful - although there is no guarantee since there is some evidence that this is based on money rather than the needs of the children.
I assume that the maintenance was set out in a Court Order - it may need to be varied if the balance of the shared care changes
Please ask if you need further details
Clare

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