Live with / live with order, permission to leave England and Wales. And a Mediation report question

[proud_dad]

Hi, the family court will want to see that future plans are also workable as they will not want to see this go back to court in the future.

I know you have said that for the moment you can't live closer, but if you can think of alternative housing options near your child on the weekdays days that you are proposing to care for them, then you have a stronger case to demonstrate that you will be a 'shared care' father and so have a stronger CAO.

It is tricky, requires a lot of flexibility and patience. Good luck.

 

[BigLes]

Yeah it’ll happen one day, I can’t do much about that now though.
Cafcass seem really keen for me to have overnights. Is there still a representative of Cafcass at court hearings now that they’re conducted online? Or does a judge just go off the Cafcass report? There was no discussion of schedules etc with Cafcass but I guess they are only concerned with safeguarding. Mediation was, and will be no help, I suppose I have to set out a workable incrementally-progressing plan in a position statement and hope the judge agrees.

The split weekends schedule you suggest is good but also involves taking two days off a fortnight. It’s been suggested that I drive to child’s home, collect, drive to mine with my child, spend a whole day together, then at the end of the day drive back to child’s home, drop off, then drive home. Each week. This would be as a prelude to overnights. But it’s a lot of driving. 5 hours a week. I can’t really sustain that each week.

 

[Ash]

"I suppose I have to set out a workable incrementally-progressing plan in a position statement and hope the judge agrees."

Yes - so important to work out something that works for you and would be acceptable to the court. And mention in it that Cafcass on x date, were keen overnights should start. I don't think you've got a Cafcass report have you? Before Covid Cafcass would be at first hearing to help negotiate but I'm not sure that's happening now.

The driving is something the court will also be concerned about with the distance - but you could ask for parents to share the driving and drop offs be midway perhaps.

The problem I can see is they probably won't give you every week-end as then child will never have week-ends with Mother - unless she is happy to agree to it, which doesn't sound likely.

So how about Thursday pm to Sat pm one week and Friday pm to Sunday pm the next week (that still wouldn't give your ex a full week-end though so could be an issue).