collaborate, Tyr, STWID, BabyB....

[pinguthepenguin]

Hi there

Sorry to shout you out like this! and I hope you don't mind. I've seen you giving similar advice on these issues and collaborate - you advised me on an earlier thread this week.

My ex has applied for a shared residency order AND a contact order at the same time, asking the court to grant him access every weekend from fri-mon

He currently has one mid week overnight, one weekend night, plus one full weekend ( so basically we share weekends right down the middle). His court application states that his reasons for the change in contact is because the driving is a burden ( I moved 9.9 miles away from prev address) and the effect on dd is that she is extremely tired. He also attacks my parenting of dd and says I frustrate contact. He has no evidence of this.

Obviously I am going to fight the contact order, as every weekend just seems awful to me. However, I am unsure about the shared residency. I am seeing my sol tomorrow night but I have so much going round in my head.

My sol suggested on on phone that I should fight the shared residency order as there is just no need for it. Evidence seems to suggest he would be granted it anyway. What do you think?

[Collaborate]

It's mainly semantics, although it is sometimes used when the resident parent seems to think they can rule the roost. Shared residence can represent a rebalancing of power.

Also anyone in whose favour a residence order is made can take the child abroad for up to 28 days without the consent of the other parent (in other words when either of you have a holiday you can take the child abroad).

[pinguthepenguin]

thanks for the reply. His court application is full of lies about how I take her out the country without notice or consent. I guess then, that at least a shared residency order would mean that I dont have to face these kind of personal attacts?

So do you recommend not fighting that, and dealing only with the contact issue?

[Collaborate]

You should ask your solicitor that really. They know maore about you and your case.

[pinguthepenguin]

Thanks, I just dont want to be dragged through the courts fighting something which will be handed out anyway. My biggest is the contact - do you think he will def not be awarded every single weekend?

[Attilathehun]

'and says I frustrate contact. He has no evidence of this.'
'Obviously I am going to fight the contact order'

In his eyes perhaps you do?

[pinguthepenguin]

Attila

Don't you have to have evidence to make such statements? Isn't it a bit like me saying ' he's a crap father? Wouldn't I have to substantiate that?

Does the court process operate on how people 'see it through their eyes'? a genuine question