i-law

Litigation Letter

Shared residence

In re R (children) CA SJ 29 April

After the parties had separated they agreed that the children should divide their time equally between the father’s home and that of the mother. The mother had left the matrimonial home and relocated about 30 minutes away. The father sought a residence order in his favour but stated that ideally he favoured shared residence. The judge refused to make an order for shared residence on the basis that the parents had potential for emotional conflict if such an order was made. He accordingly made an order for sole residence in favour of the mother with generous contact provisions.

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