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ex now trying for shared care

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26 Mar 14 #427489 by A_O
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Hi Fiona,
I''m a bit behind the times here, what is it that residence orders will be replaced with next month?
Best wishes,
A

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26 Mar 14 #427498 by Fiona
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Changes to statute start coming into force next month and Child Arrangement Orders will be made instead of Residence and Contact Orders. See;

www.familylawweek.co.uk/site.aspx?i=ed128374

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26 Mar 14 #427499 by xxx1
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wonder how this will affect already started and ongoing procedures? Or if everything is still the same and just the actual wording changed?

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26 Mar 14 #427501 by Fiona
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I agree that everything in court cases except the wording is likely to remain the same, although the changes might I suppose divert more parents away from the courts in the first place. My guess is the new and old procedures will run along side by side until the disposal of existing cases but we shall soon find out for certain.

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30 Mar 14 #428043 by dermot49
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The fact that you have both been to court would imply that your relationship with your ex is a high conflict relationship...i think its only 10% of couples who end up in court (i have had double wammy for kids and financesB))

To be honest as far as i am aware having shared residence would not make the slightest difference in terms of any issues re. returning your daughter from contact. Is he threatened by the new boyfriend? This can often happen and indeed i would own up to it as my ex now has "new daddy" etc.

His behaviour smacks of anger,insecurity and fear. It will be better for your daughter if you both can co parent without court and further conflict.

I would rearrange the furniture in his head. Why not offer him more contact and tell him you would support an application for shared residency? Then see what happens? I would really prioritise staying out of court if that is possible.

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31 Mar 14 #428105 by A_O
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I think you are right Dermot, it would be better if there was a middle line avoiding court.
Opinion seems a bit polarised, girls think it is about the child being returned, guys that it is about why the father feels angry. The really important thing is what is best for the 3 year old: without ant doubt she would be better off with two loving parents, even if they don''t love each other, so a sharing arrangement that keeps them both involved would be best.
If there is recourse to the family law system it may or may not get to the right place. As you say, it would be better for everyone (especially the little girl) if the mother offered something sensible rather than being so aggressively defensive.
Good luck to the family here, I hope you get it right for your daughter.
A

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