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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.

Progression of arrangements from FHDRA to FH

10 replies

Hopelessnessness · 02/01/2024 21:08

I’ve posted before about the fact that STBEX wants 50/50 with 3 yo son and I think 60/40 would be better final outcome for lots of reasons. Lots of people sharing their experience of court awarding 50/50 anyway. But by the time we get to a final hearing it’ll prob be the spring and son will have been 70/30 with me for nearly 2 years (we split early summer 22). Is that likely to make any difference to what the court decides, in your experience? No changes were ordered at our FHDRA.

OP posts:
millymollymoomoo · 02/01/2024 21:38

Odd they child arrangements being decided in a financial dispute resolution hearing

the fact you have 70:30 does not preclude an award of 50:50 care if judge seems it’s in child’s best interests and the fact child is 2 years older now may actually go in your ex favour

Hopelessnessness · 02/01/2024 21:42

@millymollymoomoo I said FHDRA (which is children) rather than FDR (which is finances). Have been in court for both and do know the difference.

why do you think child being 2 years older, during which time they’ve resided almost entirely with me, would go in my exs favour?

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millymollymoomoo · 02/01/2024 21:57

Sorry read it wrong

its not common to award 50:50 to 1 year olds. It’s more common to do so as children age a little, especially as they reach primary age ( potentially earlier). Your child may be deemed more able to be away from you now he’s a little older

obviously we nothing about your situation or your reasonings for wanting 60:40 or not 50:50 or whether that’s suitable or not, but the fact you have 70:30 now wouldn’t in itself be a barrier to award something different if your ex can demonstrate it’s in the child’s interests and a judge agrees

or perhaps an award that builds up to that over a period of time

Hopelessnessness · 02/01/2024 22:03

I’ll be saying 60/40 at a FH (when he’s likely to be three) building to 50/50 when he is school age which seems like a good progression?

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peacocksuite · 03/01/2024 15:48

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Hopelessnessness · 03/01/2024 17:27

@peacocksuite I’m so sorry to hear that. If you don’t mind me asking, what age were the children and what were the arrangements prior to the FH? Was your ex able to pretend that there was a functioning co-parenting relationship in place?

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Hopelessnessness · 03/01/2024 17:29

Mine openly admits hating me!

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peacocksuite · 03/01/2024 17:55

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millymollymoomoo · 03/01/2024 19:00

That is terrible advice!

you’d be ok with your ex taking your child and moving away?

you can’t just move away and take your child without permission! If you do you could be forced to move back or in some cases lose residency altogether!

if you’re happy with 60:40 put that forward and state clearly reasons why you don’t think 50:50 is in the child’s best interests

MissJoGrant · 03/01/2024 19:14

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Unless the parent presented some sort of danger to the child that's despicable behaviour.

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