Lives with order

[Worrier1990]

Hi,

I am currently going through child arrangement proceedings as part of a divorce and have two young children.

my ex has been abusive to me (although not physical) and to my children.

i was supposed to have a non molestation application heard at the FHRDA but the judge said the paper work in the bundle wasn’t correct so I have to ask again for another hearing

i now want to move out of the family home we all still live in together for the sake of my children and to reduce the impact this is having on them.

i am worried that he will without them from me and take them back to the family home.

i have raised concerns of his treatment of them in my C1A and to social services and cafcass.

does anyone have experience of getting a lives with order granted? Which will prevent him is withhold my children. I am worried I will move out and not be granted it. He has never cared for with of them alone over nigh and they are 7 and 5

any help would be appreciated as I am really suffering.

thank you

In what way is he abusive to the children?

what child arrangements are you seeking in terms of access? Eg is he seeking 50:50 or eow or ?

are you seeking only supervised access?

has he actually threatened to withhold them or abduct them ? (Btw if my ex said to me he was moving out and taking the children I’d saying be saying no !)

never having cared for them overnight is not a reason courts would not give him overnight access.

im asking as the answers could determine whether a lives with order granted. Courts generally prefer a shared care order which simply outlines frequency of time etc with each parent