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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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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How do you get 50 50 custody?

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How do you get 50 50 custody?
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old are the children and how has their care been shared until now?
Customer: replied 2 years ago.
Hi Clare
3 boys 5, 7 & 9 years old. Both parents are still residing in the family home and share custody. The primary concern of the mother is the finances and the father doesn't really care about the financial settlement but wants joint custody of the boys.
The mother will be moving out of the family home which the father is buying her out of, and buying a house elsewhere.
Both parents share responsibility for school pick ups. The father does the majority of clubs etc. Both good parents
Thank you
Customer: replied 2 years ago.
Mother would ideally like to move the boys school closer to where she works. Currently all support network of family & friends on both sides is where they live and go to school
Hi Becky
Have they discussed how the children will share their time between them?
Customer: replied 2 years ago.
Hi Clare
Joint custody was initially verbally agreed. However the mother has changed her mind since talking to a solicitor as she has been told she will get more money & maintenance if she has the kids more. It's gone from and agreeable separation to a difficult one because of money unfortunately.
So exactly what is she now suggesting?
Customer: replied 2 years ago.
Her 5 days a week him 2 days a week
Customer: replied 2 years ago.
He has suggested one week with him and one week with her. She's said no
Customer: replied 2 years ago.
Neither of them are going to agree so I wanted to know what the legal situation is. She's refused to go to mediation as she said she won't agree to it so it's pointless
The children are a little young for the alternate week approach - it can be unsettling at best so it would be better for Dad to think of an alternative way of achieving a reasonable balance
Alternate weekends from Friday to Monday plus two nights a week is likely to be an easier way for the children - and indeed is a way of closing the gap between them
The starting point is for them to start discussing matters using Family mediation
If they cannot agree then an applictaion will have to be made to the court for a Child Arrangement Order.
The Court's concern will be the best interests of the children and since care has been shared in the past it is likely that it will be shared in the future
I hope that this is of assistance - please ask if you need further details
The father MUST go to a Mediation Information and Assessment meeting as it is required before he makes an applictaion to the ocurt
Customer: replied 2 years ago.
Just one part I'm not sure of is how this fits with the divorce and financial settlement. Does it need to be done beforehand or can this be settled prior to the divorce being finalised?
Thank you for you help
Customer: replied 2 years ago.
Sorry i meant at the same time or can it be done before x
No it can be sorted separately - and if there is a possibility of changing schools then the sooner the better
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much X
You are welcome - I hope all goes well.
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