Bad idea not to mention child in divorce papers?

Hi everyone. My husband is about to commence divorce proceedings. We have 1 child together and I have 2 from a previous relationship (who he has no contact with since the split- his choice despite raising them for 7 years, but I digress). We currently have an agreement where we split time with our son 50:50 (ish). He refuses to pay anything in maintenance but we seem to be splitting costs equally (uniform, swimming lessons etc).

Ex wants to submit divorce papers ourselves but DOES NOT want to mention our son. He claims its because we have an amicable agreement at present and he just wants to be legally divorced. I'm fine with this but am concerned I'm missing something....

I am considered primary carer at present and definitely want that to continue. Our son dislikes the 50:50 and wants to be at home more with his siblings. We've agreed to continue shared care for the present but will the divorce have any baring on the potential to change this and my being primary carer? I can see things potentially deteriorating in the future, particularly as i may relocate in a few years time; any advice on this too?

Basically, am I disadvantaged if I agree to not include soon in divorce papers. He can be a vicious and vindictive man on occassion and I'm worried I'm being misled. Thank you!

You'll have to mention all the children as they are all "children of the family"

The Court won't have any involvement in child arrangements unless one of you actually make a separate application.

The guidance notes state this is optional, which is why I'm confused!

It's optional but if you're mentioning one it would seem strange not to mention them all. Don't know if you are allowed to cherry pick or if it's a simple choice of mention them or not.

If you want the Court to make decisions about children you have to make an application.

It's completely separate to the actual divorce.

If you relocate where will your son live and how will contact be maintained?

He doesn't want to mention our son or my two other children! He wants to keep the court's out of it, which also suits me but i feel like its working to his advantage in some way.

I'd take the children with me. Contact at weekend's and holidays.

In what way do you think it will work to his advantage? If your both happy and able to agree things you don't need to involve the Court.



Hag wrote:

I'd take the children with me. Contact at weekend's and holidays.

Will your ex agree to that? That may be the point he makes an application to Court to prevent it.

You both have equal responsibility for your son and have agreed to share the care for him equally, which is in his best interests. And yet you believe your husband should pay maintenance and that you should be considered the "primary carer"; beliefs which are not really consistent, somewhat anachronistic and likely to rock the boat.

Section 7 in the D8 form is a hangover from the old Statement of Arrangements for Children which has now been removed. The information is only recorded for "statistical" reasons, though what the Government does with this information is not clear.

Many parents feel that they are not divorcing their children and that it is therefore appropriate not to mention them on the form. It doesn't advantage either party in any way.