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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Discharge child arrangement consent order

Resolved Question:

I had exparte orders against my husband in July 2014 (non mol, occupation, child arrangments and PSO) whch were then converted to undertakings outside the court and the child arrangments orders were changed to shared residence under pressure that I wil only be allowed to stay in matrimonial home provided I give consent for shared residence and childs week to be split to 50/50. I completely resented this but unfortunately due to money constraints had to agree and the weekly split arrangement started on 25/02. I am still not convinced this is in the best interest of the child and want to start a new case to discharge the orders regarding the live with order and 50/50 split of the week. The child is girl cild in full time education five years of age and is completely confused with this arrangment.Will my case stand any ground knowing it has only been converted to shared residence in Jan 2015 by consent. The child lived with me for 6 months with supervised contact to father for 3 months and then unsupervised contacts for 2 months before 50/50 split of the week started on 25/02.

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.
What is the exact pattern of Contact now?
Clare
Customer: replied 2 years ago.

223 pattern for child care

mon tue mum

Wes thu dad

Fri sat dum mum

Mon tue dad

Wed thu mum

Fru sat sun dad

Expert:  Clare replied 2 years ago.
Hi
Who suggested that - it is a very hard pattern for a little one?
Clare
Customer: replied 2 years ago.

That is why i dont agree to any such pattern of 5050.Father wanted exactly half half this seemed to give max overlap and due to proximity in houses just started this so that child is only away from each parent for two nights only. He wants not one hour less than what i get.

I wouod prefer school days with me and alterbate eeekends with him. Is that unreasonable

Expert:  Clare replied 2 years ago.
Hi
Have the school noticed any problems in the last week?
Clare
Customer: replied 2 years ago.

No i havenot checjed but the child told me she does not like it and feels confused. She wants to stay with me in school days and visit dad one day

Expert:  Clare replied 2 years ago.
Hi
Before you do anything you must speak to the school and ask if they have noticed anything about your daughter's behaviour that gives them cause for concern
I have to say I think this arrangement is confusing for the adults let alone a child - alternate weekends friday to monday plus one night in the week would have been better - two set nights if he was insisting on 50/50
However it has not been two weeks yet - so wait until it has been and you have spoken to the school.
Assuming that there are problems then you do indeed need to take the matter back to the Court to vary the arrangements.
Please ask if you need further details
Clare
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