Residence of Child

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    We have a case going to tribunal today 50/50 shared responsibility for one child. The mother claims the CB, the father claims CTC. It is the father who is appealing.

    Obviously our decision is based on reg 20 and appears straightforward there is no argument put forward on the 50/50 split of time spent with each parent.

    My niggle is that the CAB are going to represent and they do not get involved where they do not see that the case can possibly succeed. Do they know something I don’t or do they just sense the potential to get this moved up and become a new Hockenjos for HB/CTB?


    There are similar cases before the UT already. If the Tribunal finds for the claimant on human rights issues then “win”. If the UT finds for other claimants in a similar position then you will have to revisit the case at a later date so “win”.


    Those cases have been with the Upper Tribunal since before April 2008 when I sent an appeal which has been stayed by TAS awaiting the outcome of the lookalike cases. Is it usual for a case to take over 2 years before the Upper Tribunal make a judgement? The cases I have had which went to the Upper Tribunal have been relativley quick even with an oral hearing/secretary of state involved etc.

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