Final hearing CAFCASS officer will be there - advice

[Anothermother70]

I have a final hearing next month. My high earning spouse wants equal shared care. I work school hours children 12 and 16. Applied after I went to CMS for maintenance. Told them he was applying for more overnights. CAFCASS report on one hand says children have told them they want current contact to stay the same but recommends a trial of a midweek night. Currently (2 evenings per week alternate weekends and share of holidays) He wants equal including overnights in the week. Kids don't want this. He disagrees with the report and won't alter stance. Sol says he comes across as arrogant. What are chances of Judge leaving arrangement the same or will they just go with report as it sits in between both arguements?

So how would he do this, if he works full time? What time would he normally be home?

Judge would likely put dc and cafcass advice over his demands given their ages.
Hopefully like my arrogant exh he will lose his cool and judge will see his true self.

I would think that because of the ages of your children, their views would be crucial in this decision. Technically your 16 year old could leave home, so I think it would be very unlikely that a new order would be put in place for him. He's probably at an age where a court order isn't really appropriate anyway.

He told CAFCASS he works 37 hours a week and can work from home but works more than 60 and says so on form E in Divorce proceedings. I have offered he can have kids 3.30 from school until 9pm but picks up at 6 dropped back by 8. Even left them alone in evening after 9pm to go into work they face timed me! How will Judge view - will they still give him at least an extra night! Kids told cafcass they want it to stay the same.

At 12 I doubt they would grant an order. . No chance at 16.
At 13 my ds moved full time with me and nc with df. He didn't act as he knew a court wouldn't get involved due to his age. .

Court have already said they will not make an order for my oldest, but need to know if there is a chance they will go with what the children want or sit on the fence giving him an extra night every week. Should I take a Barrister to argue for this - not sure whether it would change outcome?

Def take a barrister. . They can argue with anything you don't agree to and question untrue 'facts' from exh. .

Unfortunately not sure about that Judge has said no cross examination and listed for only half a day. Sol thinks that is a good thing as they can see from his statement he comes across as arrogant disputes children's views and report as cafcass asked him about his new girlfriend

High earner but not paying maintenance at suggested rate either!

Not sure I'd agree a barrister is worth it. Is your sol entitled to argue the case before the court? (some are)

He/she will know your case and the background far better than a barrister who'll parachute in, with a minimum of prep time, and therefore won't necessarily pin everything down.

Would just like to add on the day of the final hearing with a prompt from me my barrister crumbled exh entire 4 year case and I won.
Worgh every penny.

How did Barrister win, what was it that won it for you? I'm in 2 minds solicitor says exh will have to work hard to get anything in view of report but if I want no change a Barrister may be a good insurance policy? What can a Barrister do a sol can't when a judge has said this is statements only not a cross examination case?

Th court has no power to make an order in relation to a 16 year old other than in exceptional circumstances.

Has your solicitor not pointed this out?

The judge should act on what your children and Cafcass say. My children stay one night a fortnight (their choice) though my ex took me to court numerous times for 50/50. They chose this whilst at primary school.

Not sure how it will go when children say happy as it is and CAFCASS recommend a trial of another night every Week!

Judge/magistrates said at last hearing that the final hearing will be submissions only no cross examination and have listed for half a day only. Is this a good or bad sign?