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Child contact Final hearing tomorrow

  • Mumstheword
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22 Jan 09 #81254 by Mumstheword
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Hi, I have my final hearing tomorrow and wanted to know what the likely outcome will be. My soon to be ex-husband has rented out his flat and moved in with his girlfriend and was hoping i wouldnt find out as he doesnt want her assets to be put into the divorce pot. He used to collect my son who is only two years old and return him the same day. He didnt want any overnight stay until he filed for divorce. He then applied for a contact order once I stopped contact as he denied living with his girlfriend. He has now admitted living with his girlfriend on a temporary basis whilst he refurbishes his flat and we were almost in agreement about contact arrangements until I found out that his girlfriend has a one bedroomed apartment and he wants my son to sleep in their bedroom. I cannot afford a barrister and I want to know whether I can oppose this in court tomorrow as I am not happy about this.

  • Fiona
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22 Jan 09 #81262 by Fiona
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I don't understand why you stopped contact because he denied living with his g/f, surely the finances and contact are separate issues? The g/f's assets won't go in the pot, the only bearing her finances have on the case is that your husband's living expenses are shared so it reduces his need.

You can raise our concerns about your son sleeping in the same bedroom as the Father and g/f but you need to be prepared to compromise. The presumption is that if the child lives with one parent, they should grow up knowing and seeing the other parent and the court will not deny a non-resident parent contact unless there are exceptional reasons for doing so.

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22 Jan 09 #81275 by Mumstheword
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The reason why I stopped contact was because he refused to tell me where he was living or admitting he had a girlfriend. I wanted to know the truth. It took him six months to admit he is living with his girlfriend and now she only has one bedroom I do have an issue with this.

I am happy for him to have day contact visit says 10-7pm twice a week but not overnight. Do I sound like a jealous ex? I personally dont think its morally right but Im not sure whether the judge will view sharing a bedroom with my ex as acceptable - any views?

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25 Jan 09 #82355 by Mumstheword
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stbx told judge he is moving back to his flat in February as he doesnt want the courts to know he is living with girlfriend as the ancillary relief hearing is next month and he didnt disclose this on the form E. The judge has said he needs to decide where he will be living before the contact order can be finalised.

stbx was hoping to get contact order first to substantiate his claim for more matrimonial assets to buy a bigger flat. Not sure he will now want contact with my son if he doesnt get the ancillary relief he wants. We will have to wait and see.

  • paulajayne
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25 Jan 09 #82377 by paulajayne
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Hi i actually think if he wants his son staying over then of course he should have his own room .Good luck with your hearing tomorrow .

Paula

  • startingagain09
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11 Feb 09 #88251 by startingagain09
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my brother in law was not allowed overnight contact by the courts unless he could provide seperated sleeping acommodation for his child. just incase it helps.

  • kipling
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21 Feb 09 #91586 by kipling
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Hi,

You invited views, so here it is from the Dad's side:

You cannot imagine what it is like to be without your son....I genuinely hope you have a long and happy relationship with him.

However, Dad's are more than sperm donors.Your 2-yr old son needs both Mum and Dad.

It would be okay for your 2-yr old to be in the room with you and your husband...why not with your hisband and his new g/f...it's not as though they're being cruel to him... quite the contrary....

However, I know ho that would play on your mind... a child, your child, sleeping in thwe same room as his father with the 'replacement' for his mum. You could never be replaced.

For your son to thrive, the more bonding the better. Never let it happen that your ex feels your son is of no concern of his. That would be a tragedy.

It's a horrible time, for the three of you(I include your son, as he should have mum and dad together). Please don't let your feelings get in the way of a good father-son relationship.

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