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Hi, I'm Lea and I have reviewed your query.
What pattern of contact do you want/already have? Have you prepared a statement for court?
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Is that what you want to keep?
It is highly unlikely that a court will order you to have the children on days that you work, particularly when her reason for wanting you to have them is because she'd like to work but doesn't as yet. Each of you is responsible for arranging childcare when the children are in your care, so if she'd like to work, she can arrange childcare on those days - lots of parents have to do this.
Does that assist?
Do you need any clarification? If yes, please do ask.
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The idea behind a child arrangements order is to make an order that is in the children's best interests and that gives them certainty and regular contact with the non resident parent. If the court felt that it was in their interests to spend time with you on those days then theoretically the court could make that order - but if you object to that, it is highly unlikely, as I said, that a court would make an order in those terms as it would simply set the matter up to fail.
You need to set out your wishes in a position statement and explain why you want the days you want and why you cannot agree to what mother wants.
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As I said, the court is highly unlikely to make an order that affects you working when the mother doesn't work.
There is no such thing as a 'shared custody order' it would be a lives with order, but the mother would also have a lives with order (and technically you then have a 'shared lives with order'. Hope that makes sense.
You already have equal rights as you both have PR. You need to instruct your barrister to state that you want a shared lives with order and that you want it written into the order that the passports are handed over at least six weeks before travel. Or, if you have two or more children, that each of you gets to hold one or more of the passports and the other holds the other passports.
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There is no such thing as a 'shared care order' - it's a 'shared lives with order' if anything. Your barrister is better placed to comment on whether you'll get it or not than I am as she has possession of all the information.
Also, the court can limit that 28 day rule if it becomes an issue and neither one of you will be able to take the children without the consent of the other - as is the default position.
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