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Hi All,
I was wondering how my lack of ability to currently provide my own family home for my children at this moment in time will ultimately affect the judges decision for residency and contact with my children when orders for these are made?
for background.
Two children boy 7 & girl 4 still in joint MFH with STBX.
STBX made DV allegations to obtain orders which I am objecting to which removed me from joint MFH.
I've had to return to my elderly parents house which is several miles away. I have given court an undertaking not to return to MFH and that I will only see kids on Sundays for 3 hours and two phone calls per week whilst orders are contested..
Mediation essentially failed.
FHDRA next week. I intend to continue to object to orders but have taken on board helpful advice given to me on my previous post here.
As me and STBX cannot agree on anything it looks like it will all go to judge to decide.
I expect a section 7 assessment and finding of fact hearing following FHDRA.
There is sufficient funds for clean break but STBX will not give up joint MHF. Offer from STBX in terms of financial clean break very poor and will not be sufficient to buy a home anywhere close by to my children which I had wished for. Soooooo my question is this, how much will it be taken into account when determining custody and child arrangements if I do not have a home of my own for my children and can not get one until I receive a payout from the MFH as a down payment on a new mortgage, which would only come about after any Orders are issued!
I'm aware that the residence and contact essentially last up to 18yo , I know that I could go back later to ask for changes to the orders but this would be difficult to get so want to be in best position possible and maximise my opportunity in terms of showing the judge that I can be there and provide for my kids both now and in the future and that this is taken into account when the orders are made.
I had initial wanted to look at 50/50 custody but advised this is unlikely therefor will be looking to ask judge for fri-mon overnight plus one overnigh mid week as minimum, but would like more. I could make arrangements with my parents for my children to stay there if allowed by judge at final hearing as i do not expect to be in a home of my own at that point although they will have to share a double bed. Would the judge look more favorable if I moved out and rented closer to the MFH in the mean time until payout from MFH?.
Just how much does the situation of not having a second home in place for my children when the order is made affect the outcome of the order for the NRP assuming that STBX will be given primary residency and MFH,
How do I maximise my opportunity in this circumstance?
Thanks
Your questions seem to revolve around your accommodation, as long as there is somewhere for your children to sleep and your parents home is of an appropriate standard, there's no reason why it should have a negative impact on the courts decisions. Have the children stayed over at their grandparents house before, do they have a close bond with them?
I think you need to concentrate on dealing with each problem, for now that's getting the finances sorted and the orders set aside. Once you know where you stand you can then concentrate on what is required to get contact in place that you and your children will be happy with.
Thanks Mojo,
Yes my children have slept at my grandparents before, and yes they have a close bond.
I wasn't aware that i could get the orders set aside without stbx agreement, is this something i should be asking the judge especially as stbx seems intend to get orders in place.
I meant that you can contest and succeeed against the DV allegations and subsequent orders, which I think you're trying to do.
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