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  • CastleBlayneyMan
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23 Nov 12 #367626 by CastleBlayneyMan
Topic started by CastleBlayneyMan
My wife has informed me that she has received the divorce petition form the court, but isn''t going to sign because she is not happy with:

1. one of the reasons I have listed for inappropriate behaviour (animal hoarding)

2. that I have stated on the child care statement that the children live at both our addresses and the arrangement is currently "such and such" for contact. She is stipulating that the children must be defined as living with her....

I would like to achieve more of aa shared residency/equal parenting arrangement but she is trying to crawl back into the dark ages!

help

CBM

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23 Nov 12 #367647 by rubytuesday
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CBM;

She doesn''t have to agree with the examples of UB you have cited and there is a section in the Acknowledgement of Service for her to state this, agreeing or not agreeing with the UB cited makes no difference, however the important part is to consent to the divorce. It is usual for the respondent to receive a draft Petition prior to it being sent to court so that if there are any areas of disagreement, these can be sorted out and a more "appeasing" petition be drawn up; was a draft petition sent out?

You can always amend the petition if required, but there is an additional court fee involved (£90).

The Statement of Arrangements for the children simply outlines what the current situation is regarding the children, do you think that she feels she "needs" you to say they live with you because she is concerned that she might lose child related benefits otherwise? How many nights do the children spend with each of you each week?

The SoA is not really the place to try and sort out any issues relating to the children, this would be a separate process.

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24 Nov 12 #367819 by CastleBlayneyMan
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There was a draft Petition, but I left her due to an unhealthy obsession with collecting pets, and as the Petitioner feel I should include this. I did exclude/record other reasons that were more tenuous.

I know technically they are with her more, but as equally as she feels entitled to half my salary I feel I should be able to recognise the children stay with me as much as possible. At the moment it is only 1 weekday afternoon, every Friday night and Saturday day. However, I want them to stay atleast 1 weekday night and for 2 nights every 2nd or 3rd weekend. Stbx is resistant to them staying for more than 2 nights, unless she is going out or she or the children are poorly. I requested for them to stay with me Fri/sat night this weekend which she agreed to if I changed the divorce petition!! Aaaand she frequently requests for me to have the younger child for overnight stays when she is tired. However she perceives I am inflexible and dictatorial. I could go on....

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