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Custody or Housing first?

0 replies

StElse · 18/10/2024 14:14

I am in a position separating from partner, not married, 3 kids, where I think we will need court orders for

  1. House sale and
  2. Custody

What I don't know is: which do you do first?

I understand a judge considers:

  1. Child custody / residency arrangement to inform a request to sell
  2. Housing situation to consider custody arrangement

So which do you arrange first?

  1. I don't want to be have an order of sale dismissed by not having my custody arrangements in order.
  2. I don't want to have a custody request dismissed by not having my housing arrangements in order.

We are currently:

  1. Both living in the home
  2. Could both afford a new suitable home near school, with sale proceeds
  3. 2 after school days with dad while I work, other 5 days he considers himself 'off duty'
  4. He will request 5050, I will request term time residency with me
  5. Handful of DV incidents, never reported and no formal agency engagement with the family
  6. Reason for older of sale is he cannot buy me out and refuses to sell

What is advisable to secure first please? Housing or custody?

Thanks in advance.

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