Can Cafcass recommend a trial period for final hearing

[bakedapple]

We've got the final hearing coming up under 2 months, and Cafcass have yet to see the children and the parents - all very last minute, and really should have been done before the first hearing.
I'm asking for 50:50; the current split is around 30:70. Understandably, the children are interested in 50:50 but also nervous of change. I'm thinking that a trial period of a year would be the solution that puts the children in control - and they seem quite keen on it as a solution as well.

1. Is it possible to have Cafcass recommend a 1 year trial period for the final hearing, with an independent mediator to review progress at various checkpoints? For the trial period, the children would legally live with both parents on a shared care basis.
2. Should I let cafcass know in advance of their interviews to explore a trial period with the children? This avoids relying on the children raising it and minimise the risk that the ex might turn them off the idea. (note, neither I nor my ex know exactly when the interviews are going to be)
3. Are there any pitfalls I should be aware of with this approach?

Thanks

 

[Ash]

I don't think a trial period is a good idea - because it would give the ex incentive to say it wasn't working and cause pressure for the kids. Also it would be chopping and changing - going to full 50/50 and then reducing time again. The most important thing is stability and certainty. They soon adjust to new schedules but they need to be fairly permanent. I think instead you should propose a progression to the full 50/50 over 4 to 6 months. So the kids adjust to it and get used to it. So say increase the time a bit every few weeks until it's a full 50/50. The only real difference between 70/30 and 50/50 is an extra midweek night and the Sunday night at week-ends - it's not a huge adjustment.

Is it a section 7 that has been ordered?

 

[bakedapple]

yes, its a S7 wishes and feelings.
I agree comments on the risks of a trial period. However, it may be the only way of getting it over the line; I'll discuss the options with Cafcass.

 

[Ash]

Not risks exactly, I just don't think it is something that would be ordered and it probably wouldn't be wise to ask for it. Have you had any legal advice? Personally I wouldn't ask Cafcass about that or they'll think you're not committed to 50/50. I think it would be a bad move. I would say you think it's best for the children to have 50/50 and you envisage that being by way of a gradual progression of time.

 

[Jimi]

What you say is reasonable. But Cafcass are not reasonable or child centred. They only exist to run cover for the court. Any sensible suggestion from you will be used by them to undermine you. They will put in the S7 late. And sorry, but I doubt they'll recommend 50/50.

Do not discuss trial periods with them! As Ash says, it will just give them the excuse they're looking for to maintain the status quo. If you've got 30-70 atm try to make the best of that.

Any improvement would be amazing imho. Most are lucky to get anywhere near that. Many are on 0-100

Sorry to be negative, but Ash's advice above is correct.