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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband has had an affair, we're getting divorced, we

Resolved Question:

My husband has had an affair, we're getting divorced, we have two children. He wants complete shared custody, I don't want to be unreasonable but I believe that their home should be with their Mother and he can share weekends and one night through the week.
Am I in amy legal position to fight for this? Or will I just get laughed at??
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Are there any child protection or welfare concerns regarding the father?

-Do you both work full time?

-Are you both living near the schools for the children and can you both do the school runs?

Customer: replied 1 year ago.
Hi Harris,
Thank you for your quick response.The boys are 4yrs and almost 2yrs.I have no concerned as to their safety when they are with them.Yes, we both work full-time.Yes, we can both do the school runs.Thank you,
Jane
Expert:  Harris replied 1 year ago.

Thanks for confirming. The legal position is that the children have a right to a relationship with both parents and the courts these days would look at a full shared arrangement if it is possible by both parents and it is in the children's best interests. It would therefore not be unreasonable for him to seek such an arrangement - for example one week with you and one week with him and for holidays to be shared.

I would suggest that you should still put forward your proposals as they are not wholly unreasonable and that can be the starting point for your negotiations for the arrangements.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a Family lawyer for more than 30 years

Unlike in Australia in the Uk there is NO expectation that the care of children should be shared 50/50.

Instead Shared Care is seen as meaning that when the chidlren are with either parent that parent is fully responsible;e for their care - no matter how long or shote a time is involved.

There is clear evidence that 50/50 shared care is particularly bad for the under 5's - and if you are offering Friday to Monday alternate weekends plus one night in the week that is reasonable - but an extra few hours one evening each week and half of the school holidays will make it better