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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

He wants 50:50 Shared residency I'm Self-Representing -Help!

30 replies

Love2all2017 · 07/01/2019 22:12

Hi all,
Going through a very difficult divorce with not a lot in the pot (some equity in house and his pension as I don't have one being mostly a SAHM and working part time). Very stressed, anxious, fearful and frightened.

2 kids aged 2 almost 3 and 6. FDR (2nd court appearance due in a few months time). Ex has refused to pay child maintenance although earns above 75k per year. Have had to use benefits to keep afloat. Ex moved away to city a year ago after i said i wanted a divorce due to years of emotional, psychological and financial abuse. Before then, he had limited involvement in the kids lives as he left for work before 6am and returned at 12pm. At weekends, he was not interested as he was tired so i pretty much raised them with the help of my parents who live around the corner. He has now said that he wants 50:50 childcare and was refusing to return kids to me and bringing them home hours later than agreed, which eventually resulted in police being called twice where he was asked to leave the house. He wants to take it to court. The only time he raised any desire to have kids more than every other weekend (he put this in place even though i initially told him kids need to see him on a weekly basis) was because he realised that if child maintenance would ever be paid, it decreases it a lot for him.

Despite my feelings about him, i want the children to have their father in their lives but he has never been fully involved before. He says terrible things about me to them (repetitively telling them i'm a monster, evil, poo-poo, disgusting, and that I don't love them and that my work is more important than them?!). He has anger issues which are still playing out terribly through divorce and he has a very short temper indeed. How on earth he will manage two very small and young children is absolutely beyond me and on top of his high pressured job, with full-time work, i'm feel incredibly uncomfortable with a 50:50 split. I feel his main priority is to reduce money that he will eventually have to pay out, which I do not think is in the children's best interests at all. When he moved out, I begged him for money to pay for kids food and activities which he refused to give me, as my very small business went extremely quiet for several months and I had limited savings. He told me that I was on my own and that I should get a real job, like real people. He did not seem concerned that if i got a "real job" instead of looking after the two young children that he is supposed to care about so much, that all of the money would likely go on their childcare to enable me to work, and their entire routine would be disrupted.

I'm terrifed, anxious, worried and so stressed out with this. He is an incredibly stubborn and difficult man and will do whatever he can to punish me as much as he can through all of this. I'm so scared his anger problems will rub off on the children, or they will experience the brunt of it when I'm not there. Kids and I have been very happy with the existing arrangements which have been in place for more than a year and I feel 50:50 is a huge change for them and not in their best interests. Some shared care (2:5) would seem easier on all parties, even though that limits my working ability, but i'd rather sacrifice salary earnings (child maintenance wouldn't make up for what i could earn) in order to keep my children safe and avoid further disruption to their routine when they have experience so much already.

My questions are:

Has anyone been through this before?
How on earth did you get through it?
How was childcare decided?
How was childcare split in the end?
If you represented yourself in court, do you have any tips for self-representing?
What can I say that will aid my case?

Sorry for the long post. Thank you all...

OP posts:
MissedTheBoatAgain · 16/01/2019 03:19

because theoretically their outgoings on the children should be the same

True, but it is a question of affordability. For example, the mother was homemaker during the marriage and father was breadwinner. The physical cost of raising the children is borne solely by the father as he is the only one working and has an income. The Mother, however, makes a substantial non financial contribution as homemaker by; looking after children, shopping, cooking, cleaning, take children to school, etc. The list could go on.

On the assumption that the cost of raising a child is the same after divorce as it was during the marriage where is the fairness in making both parents pay the same amount in the case of 50:50 shared care when at same time there is a vast difference in earnings?

The more vulnerable party should already have a favourable settlement through financial proceedings

Should have yes, but in reality not a certainty. If the more vulnerable party was the applicant for the Financial Order (usually the case I guess) then they are obliged to prove their application.

If they think the other partner has lied on Form E and has hidden assets it will be up to them as applicant to prove. The other Party, as Respondent, does not have to disprove anything.

In simple terms "People are innocent until proven guilty".

Form E requires 12 months of bank statements to be produced, but Judge at FDA can order a longer period if they think it is appropriate.

So a clever partner can plan ahead and avoid transaction, trusts, etc., ever coming to light during the settlement. Possible to get court orders to obtain information, but all adds to the cost and still may reveal nothing?

Ella1980 · 16/01/2019 08:29

MissTheBoatAgain

You have understood and summed up my situation perfectly. Please tell me you're a lawyer and/or a politician?! 😊

Life has been so hard since I left my ex but boy am I glad I did. I was not broken by him despite his many, many cruel and spiteful attempts and I sure as hell won't be going forwards!

Thank you for your understanding, I wish this was the case for the courts/CMS.

Ella1980 · 16/01/2019 08:31

And correct again-how ex delayed divorce was to initially contest(!) I started divorce application in Jan 2014 but did not get absolute until Dec 2017.

MissedTheBoatAgain · 17/01/2019 01:21

To Ella1980

You have understood and summed up my situation perfectly. Please tell me you're a lawyer and/or a politician?! 😊

I am neither. I work in Arbitration. We see things a little differently to those that are pure legal. Whilst the applicable law has to be taken into account, all other circumstances are taken into consideration too.

The rulings made are meant to be fair and reasonable to both parties taking into account all circumstances and events prior to the dispute.

To be fair to Legal on MN several have acknowledged that current CMS is far from perfect. Even high profile Family Judges like Mostyn have been critical of the current law regarding child maintenance.

As for settlements the Courts are overloaded and often book more hearings than they can handle in the hope that last minute cancellations creates time.

FDR's are apparently booked at 3 per hour! That gives around 15 minutes per couple allowing time for people to leave and enter the room. No way can a Judge read all the papers and make a meaningful recommendation in that time.

So people move onto the Final Hearing (incurring more costs) in the hope that the extra time allocated will produce a more sensible outcome. Will be okay if both Parties have; provided a fully detailed Form E that is truthful and both parties do not go to court with unrealistic expectations.

ImNotKitten · 17/01/2019 19:24

Hope you have someone to support you personally through all this op.

Just to say I haven’t been through this myself but having seen friends going through similar the courts are prepared to award 50:50 care. So it’s probably worth preparing yourself for that so it doesn’t come as a shock. If it’s any comfort, the women I know have maximised the time when their DC are with the other parent to work and have much improved their mental wellbeing as well as financial. One in particular who was in a terrible state at the thought of the DCs dad and his new girlfriend having the DC is now happy to wave them off while she has some time to improve her own circumstances. She has 4 DC so childcare is no mean feat. I hope that an agreement that you’re more comfortable with can be reached, but just wanted to say 50:50 care isn’t always as terrible as you might expect it to be, with time Flowers

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