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Legal matters

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Stepchild and statement of arrangements for children (divorce)

2 replies

SeparationAnxiety · 05/10/2013 18:49

I have just had my divorce petition refused by a judge because I listed my stepchild in the petition but did not call her a 'child of the family' as she did not live with my husband during our marriage. This was on the advice of my solicitor (I completed the forms but she advised me on various things and is preparing our consent order). The judge has asked on what basis my stepchild is not a child of the family and if she is the statement of arrangements must deal with her as well. The letter I received today stated : "The petitioner should deal with this matter and renew the request for directions for trial". So does this mean I need to complete a whole new set of papers? Or just a new statement? I wrote up details for our child but my husband and I honestly didn't think my stepchild needed to be included, as her living arrangements are not being affected in any way by our divorce. Must I start the process over again? I will call my solicitor on Monday but am just feeling rather set-back by this as it feels like it has taken ages to get to this point. So any advice would be gratefully received. Thanks.

OP posts:
Collaborate · 05/10/2013 19:58

If you list them in the petition you are calling them children of the family. Renew the statement in support of nisi application and say you want to amend the petition by clarifying that the children are not of the family, and say why.

SeparationAnxiety · 07/10/2013 21:03

Thank you Collaborate. I rang the court today as well and didn't get much helpful guidance so I do appreciate your response. I will take your advice and hope it all goes through this time....

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