Financial Order Variation

A financial order was granted in 2019, with a timeframe of 5 years for the property to be sold or for the resident parent to buy out the non-resident parent.
They were not married. There are children living at the property, born 2016 and 2014
The property was purchased in 2012, before the children were born.

As the date of the order approached, a variation application was made by the resident parent, claiming the children (now diagnosed with ADHD and Austim) cannot be moved as it would be detrimental to their health.

There is no EHCP in place. Both children are thriving in school, performing at the required level or above.

The resident parent's income is greated than in 2019.

There is approx £280 of equity in the property, with only £100k left on the joint mortgage.


I am unable to find any similar case law, which gives guidance on this kind of variation and the circumstances to match.
There are adequate properties in the nearby area (within 10miles radius) and the choice of secondary school will be unaffected.

Is there any hope for the non-resident parent?

Is there any case law, where the childrens special educational needs add weight to the case of resident parent and prevent the sale from going ahead?

The resident parents claims this diagnosis is a significant change (despite the recent school reports making no reference to any difficulties in school) and is the basis of their argument.

Any advice, or similar experience or knowledge of case law would be greatly appreciated.

Judges ultimately have the discretion to do whatever they like regardless of case law. Different Judges interpret the case law differently. Your case appears to be very simple, i.e. should the 5 years be extended due to the Autism/ADHD. Your best bet is to go to court and use ChatGPT to see if it can find any real cases that support your case. The problem with using a solicitor or barrister is that if you lose, not only do you lose, but you have also lost thousands on solicitor and barrister costs. Whereas if you go to court without a solicitor or barrister you have nothing to lose. No solicitor or barrister will be able to guarantee the outcome of your case because they don't know what type of Judge you will get, e.g. competent, incompetent, biased, emotional, zombie who has a cookie cutter approach, etc.

I believe a Judge is unlikely to throw a mother and two kids who potentially have autism/ADHD onto the street. However, some Judges may see though the lies and support you. It ultimately depends on the individual Judge that you get.

Who pays the mortgage, council tax, water, gas, electric, etc? Do you pay a reduced child maintenance amount too?

If the term is extended, presumably you would get more equity when its eventually sold? I am assuming you will get 50% of the equity?