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Director Philip Kedge
Retired Police Chief Inspector
McKenzie Friend since 2012
How to undermine your own 50/50 Shared Care application
So, how do parents undermine their 50/50 shared care application?
The non-resident parent submits their c100 application, the other parent responds alleging all kinds of horrible things about them including their poor parenting, low moral standards, narcissistic, controlling and sociopathic behaviour.
Now, there are of course cases involving allegations of serious domestic abuse that requires safeguarding measures to be put in place by the court. In these cases, the chances of equal shared care is likely to be out of the question. Please be clear, I am not talking about cases of abuse that require safeguarding, and I am not minimising domestic abuse.
I am talking about the mudslinging allegations that are only intended to drive hate, acrimony and conflict. Sadly these type of behaviours are common place within the family courts and from what I often see are disgracefully fuelled by lawyers for what I believe is financial gain.
So, the applicant is seeking equal shared care, and they start thinking something along the lines of this:
‘I want shared care, the other side is slinging mud, so to show that I can get shared care I have to sling mud back. Because we are both slinging mud, then that makes us even and the courts will determine that shared care is fair and the best option.’
What happens next is that Cafcass speaks to the applicant, who uses this opportunity to denigrate the resident parent, to criticise their parenting and trying to convince Cafcass that they are the better parent.
Let’s take a pause here, because it never fails to amaze me, how often, otherwise articulate and intelligent people suddenly resort to this immature and sensless way of thinking. Parents who may in life hold responsible positions, suddenly regress to the mental thinking of a school child, fighting in the play-ground.
Cafcass, on listening to the applicant defending themselves against the mudslinging and then throwing the mud back, will no doubt be rolling back their eyes having to engage with yet another parent who is irresponsibly going to war with their ex, and only wants to place the child in the middle of that war zone. The chances of 50/50 shared care has now been significantly reduced at the very first encounter with Cafcass.
Let me perhaps explain the reality. The family court is not a competition of parenting, the standard of parenting is to be good enough, which in its simplest terms means can a parent meet the basic needs of a child.
Think about it logically as I provide you with two suggestions to consider.
A parent is seeking 50/50 shared care.
Is a Cafcass officer more likely to consider that equal shared care may be in the best interests of the child if Option 1) They throw allegations, demonise the resident parent and belittle their parenting or Option 2) Inform Cafcass that they want t draw the line under the past and move forward to build positive co-parenting?
Which option have you chosen?
Why is it that when speaking to Cafcass, the first thing parents want to do is to take chunks out of each other? It’s almost a primeval instinct to both defend and attack where all signs of emotional intelligence evaporates
Let me now tell you the alternative a path, the path of #lightnothate, the path of engaging brain.
I suggest that the very first statement to make to Cafcass should be as follows: ‘Dear Cafcass Officer, I have made an application for 50/50 shared care, could you as the professional please advise me, what is the best path I need to follow to increase the chances of that happening? -
Genius!
Let me invite you into another secret.
At the McKenzie Friend UK Network, people contact us everyday seeking help. People phone up for advice, but instead of asking for advise they spend most of their time demonising their ex and going through a chronology of everything that they believe will support their case, at which point, even I may start to lose the will to live.
In over a decade, I cannot recall someone phoning me and simply asking, ‘Phil I need your advice, what’s the best path for 50/50 shared care?
If someone actually did that, I think I would fall off my chair in amazement.
Any Cafcass Officer will tell you, that 50/50 shared care is only generally considered appropriate when the non-resident parent shows themselves to be a responsible parent who can demonstrate that they truly understand the best interests of the child. Going to war with your ex is likely to put a very large nail in your own coffin.
Let’s leave it here, I think I have made the point.