Is 50/50 really the go to in family courts

[Dunkindoughnutty]

I read a lot of threads where relationships have broken down and parents go to court for 50/50 access. Whilst a lot of replies consist of '50/50 should be given.' I'm interested to know if this is actually the norm in family courts?

I'd love to hear from those who work in family law or family courts about what contact agreements are most likely given. (Obviously very circumstantial).

[limoncelloo]

I don't work in family court but went through it, and in my experience yes.

My ex-husband went from being a very "absent" parent, working away, abroad etc (his choice), probably seeing the children once every 2 weeks- to being given 50/50 custody.

[Dunkindoughnutty]

@limoncelloo when was that? How old were the kids? Has it worked out?

[limoncelloo]

Recent. Kids are high school and primary age. I'm not 100% happy with arrangements but making it work and kids seem okay...

Basically unless there is some kind of safeguarding issue towards the children, I believe 50/50 is the go to if the "non-resident" is asking for it, even if they weren't an active or main caregiver before.

[Nearlyalldone]

@limoncelloo

Recent. Kids are high school and primary age. I'm not 100% happy with arrangements but making it work and kids seem okay...

Basically unless there is some kind of safeguarding issue towards the children, I believe 50/50 is the go to if the "non-resident" is asking for it, even if they weren't an active or main caregiver before.

@limoncelloo - In your situation, can I ask if there was a Section 7 report by Cafcass and if the children specifically wanted to live with their dad for 50% of the time?

[DrMarciaFieldstone]

Yes, friend going through it now. She’s been blindsided, she had no idea, despite repeated warnings.

Her solicitor said they would need to find reason for it not to be 50/50, unless SEND or abuse involved.

[AnnaMagnani]

A lot is going to depend on the dad.

Some unengaged dads will step up and become v good parents when during the relationship they were rubbish.

And some will discover that parenting is hard, they only really wanted 50:50 to not pay child maintenance and quickly go for EOW and one overnight a week.

[AaBbC]

Yes more often that not 50/50 is the go to if NRP is asking for it and cafcass don't find any safeguarding reasons.

Cafcass always are invited to do a section 7 where one parent opposes the CAO being applied for - depending on children's ages their feelings & wishes are taken into account.

My child was 8 (their feelings were not taken into account at all and actually they went against their feelings and wishes) we are now currently in court again due to other parent having multiple safeguarding issues and yet again; another section 7 is being done

[Justmeandme19]

If the children are very young it's believed it's best for them to live with one parent and see the other one frequently but not necessarily over night. (That's what my solicitor recommended in court ). Apparently there were studies done in several other countries to back this school of thought up. But once their a bit older I believe the courts generally start from 50/50. Failing that eow and a tea date during the week. A section 7 was done each court case.
I think it's very dependant on age of child, any safeguarding issues also the logistics.

[HannahBee123]

We’ve just been through the family court process. 50/50 wasn’t an option due to a considerable distance between the two homes, but the courts and Cafcass were very much in favour of ‘as close to equal time’ between the two parents as possible. This included 50/50 holidays/public holidays and more face time etc during the school term.

Had distance not have been an issue, I am sure 50/50 would have been agreed.

Based on my experience, unless there are recognised safeguarding concerns, the courts very much are in favour of equal parenting.

[Nearlyalldone]

Just a query, is 50/50 access affected by a pre-existing child arrangement court order? For instance, if an existing court order for the non-resident parent/father to see the children EOW (Fri-Sun) and one evening each weekday (plus equal shared school hols) is in place and has been working well for 1yr+. This schedule was recommended by Cafcass and consented to by both parents in court.

If the non-resident parent/father applies at a later stage to vary the order for 50/50 access, is this likely to be approved? In this context, no circumstances have changed and the kids/resident parent/mother are happy with the current arrangement.

[Nearlyalldone]

@Nearlyalldone

Just a query, is 50/50 access affected by a pre-existing child arrangement court order? For instance, if an existing court order for the non-resident parent/father to see the children EOW (Fri-Sun) and one evening each weekday (plus equal shared school hols) is in place and has been working well for 1yr+. This schedule was recommended by Cafcass and consented to by both parents in court.

If the non-resident parent/father applies at a later stage to vary the order for 50/50 access, is this likely to be approved? In this context, no circumstances have changed and the kids/resident parent/mother are happy with the current arrangement.

Argh - that should have said 1 weekday evening each week(!)i

[Courtnightmares]

Watching with interest. DD4's father has only had supervised interim contact for 3 years now, once a fortnight. He has been proven to have abused both her and me via court fact finding hearing. He is currently contesting for 50/50 despite the abuse and the fact there is 100 miles between us.
Will see what happens.

[AaBbC]

@Nearlyalldone

The situation you've described is what we currently have - and are in the middle of a court hearing for a 50/50 application

Cafcass are yet to do our section 7 for these proceedings - although our situation there have been drastic changes in regards to the fathers situation for the worse in our case

[Nearlyalldone]

@AaBbC

@Nearlyalldone

The situation you've described is what we currently have - and are in the middle of a court hearing for a 50/50 application

Cafcass are yet to do our section 7 for these proceedings - although our situation there have been drastic changes in regards to the fathers situation for the worse in our case

@AaBbC may I ask what the changed circumstances for the father are? My ex has been threatening to take me back to court for 50/50 access.

[AaBbC]

He wants 50-50 due to having his own rented house now. However, since our previous hearing 3 years ago he has now got convictions for

Rape
Child abuse
Coercive control

As well as us having to go and live in a refuge to escape his stalking

None of which he disclosed to the judge it has only come out due to us pushing for police disclosures due to a visit from social services.
I can't see how they award him anymore contact - he's pushing for 50/50 OR full custody along with getting a non molestation order on myself as well
As a prohibited steps order ......

So we shall see what cafcass come back with in the next few weeks ....

However, this is cafcass and a judge who gave him what he wanted previously with a history of dv against myself - which they deemed me to be lying ...

[Natsku]

@AaBbC

He wants 50-50 due to having his own rented house now. However, since our previous hearing 3 years ago he has now got convictions for

Rape
Child abuse
Coercive control

As well as us having to go and live in a refuge to escape his stalking

None of which he disclosed to the judge it has only come out due to us pushing for police disclosures due to a visit from social services.
I can't see how they award him anymore contact - he's pushing for 50/50 OR full custody along with getting a non molestation order on myself as well
As a prohibited steps order ......

So we shall see what cafcass come back with in the next few weeks ....

However, this is cafcass and a judge who gave him what he wanted previously with a history of dv against myself - which they deemed me to be lying ...

Fucking hell, is there really a risk someone that has been convicted for child abuse could be granted 50/50 contact?! (Or granted any contact at all. I know what I would do if I was a judge). If so, that is absolutely terrifying. I really hope cafcass and the judge don't go along with him AaBbc

[ancientgran]

@limoncelloo

Recent. Kids are high school and primary age. I'm not 100% happy with arrangements but making it work and kids seem okay...

Basically unless there is some kind of safeguarding issue towards the children, I believe 50/50 is the go to if the "non-resident" is asking for it, even if they weren't an active or main caregiver before.

I got divorced a long time ago but one of the things that made me feel better about it all was one child saying how great it was that they got to see dad/do more with dad than before the divorce. I did feel a pang but realised it was positive for them and that's what matters.

[SpaceRaiders]

It’s whatever is in the best interests of the child. In our case he was refused 50/50 because he was unable to show that he was capable of maintaining that level of care for dc during interim arrangements. He continued working long hours and his mum took over care of dc so in reality he’d only see them for 10 minutes before bed if that!

[AaBbC]

@Natsku

Well he currently has contact yes - under a contact order.

They were aware of dv towards me and also towards the new partner at the previous hearing yet chose to decide he was fine to have our child ....
I was also denied that chance to appeal as there hadn't been any judicial rules broken
Well, most people who know have also said they wouldn't allow contact / 50-50 but you know - judges and cafcass are a different species it seems! And I work in children's social care - so it can happen to anyone in reality

[Natsku]

I'm so sorry that family court is so shit for you (and from what I read on twitter, for a lot of people) @AaBbC its horrific that abusive men get any contact beyond supervised contact

[scooterbee32]

@Justmeandme19 how young is considered young? My daughter is two and my ex doesn't even have a bed for her, she shares his. His job is unpredictable hours and different each week. He hasn't even mentioned 50/50 but has pushed to have her one night in the week, which I've denied as it's 45 min drive back to his from nursery and the times he has said he'd have her I've had to pick her up myself and drop her off.

[limoncelloo]

@Nearlyalldone yes there was a section 7 report due to DV against me, witnessed at times by children. Police reports and SS involvement to back this up.

Kids said they liked both parents and wanted to see both, but for things to stay the same (which at the time I had majority care).

Court still gave Dad 50/50.

[Nearlyalldone]

I’m sorry @limoncelloo ☹️.

[Nearlyalldone]

@AaBbC that's dreadful, I’m so sorry ☹️.

[limoncelloo]

@Nearlyalldone in my experience they just don't care, 50/50 is the starting point and it's for you to prove why it's not in best interest of children. And ime unless you can prove a safeguarding issue they will deem it in best interest for both parents to have equal time.

Even though my children witnessed DV he had never harmed them therefore wasn't a danger although section 7 report did throw up that he could be emotionally abusive towards children and spoke badly of me to them.

I actually work in a safeguarding role and there was no question of any safeguarding issues with myself.

My ex was desperate for 50/50 to avoid maintenance sadly, and he only applied to the courts when CMS caught up with him (self employed) and put his payment up from £30 to £900. Before that he didn't care at all, he was happy to pay £30 and see the kids eow if that. The courts also don't care about the motivation for it.