Background:-
Domestic abuse was a persistent feature throughout the parties strained relationship. During proceedings, the father continued to assert his authority and demanded control. The mother sought a lives with order in her favour, with the child spending alternate weekends with the father. The father sought a shared care order, with the child spending 45% of the time with him.
The father’s shift pattern did not allow for shared care. Conveniently, the father asserted that his shift pattern was changing from the date of the final hearing meaning shared care was possible. On the basis of his new shift pattern, alternate weekends would not be possible. The father attempted to force the court to make an order on his terms.
The Final Hearing:-
The matter was listed for a final hearing to determine who the child should live with. It was successfully argued that the father was manipulating the court into making a shared care order by suddenly being able to accommodate the arrangement. It was argued that, in line with the new shift pattern, contact should take place on every third weekend.
The Outcome:-
It was ordered that the child would live with the mother and spend every third weekend with the father. The court found the impact of this arrangement would not be as detrimental to the child as a shared care arrangement.