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if I don’t put an application in , would that go against me ! Would the judge question as the children are my care and why I haven’t done so to date . ?
No , not at all . Why would you feel the need to put an application in . Your children live with you at the moment . Your ex is the one that wishes to see them and to get the ball rolling she will need to take you to court. The longer it goes on the more you and your children will likely have a ruling go in your favour.
If ex has put an application in , it may take 5-6 weeks before you have your 1st court appearance .. at 1st court appearance unlikely any contact will be sorted so next hearing wouldn't be for another 3 months .
By putting a c100 in yourself you are helping your ex by speeding the process up. she may not have even applied to family court . how is she going to afford it without legal aid and any representation. All your children are old enough including youngest to have their own views and wishes what they would like to happen. unless 4 children want to live with their mum and not yourself , an occupation order will fail miserably if children are happy in your care
Unfortunately she is abusing the system and is getting legal aid , as she resides in a refuge for the past 6 months . She had mentioned on her statement that she must vacate in February. I don’t know the procedure with regards to housing. She left on her own will saying she didn’t want me and the kids ! She may have realised withOut the children she will not get what she wants and now wants to come back in for her financial and housing gain.!!
Many thanks for your advice and support
lol. even those that run off with kids to claim council flat and benefits, its not so easy nowadays. snitching is an art form.
You don't have to vacate a refuge at all. woman stay there normally until they get housed somewhere else. she clearly has not put any thought into her actions and probably would happily move back into your house.
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