I am in a position separating from partner, not married, 3 kids, where I think we will need court orders for
- House sale and
- Custody
What I don't know is: which do you do first?
I understand a judge considers:
- Child custody / residency arrangement to inform a request to sell
- Housing situation to consider custody arrangement
So which do you arrange first?
- I don't want to be have an order of sale dismissed by not having my custody arrangements in order.
- I don't want to have a custody request dismissed by not having my housing arrangements in order.
We are currently:
- Both living in the home
- Could both afford a new suitable home near school, with sale proceeds
- 2 after school days with dad while I work, other 5 days he considers himself 'off duty'
- He will request 5050, I will request term time residency with me
- Handful of DV incidents, never reported and no formal agency engagement with the family
- 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.