Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are the children?
-How long have you been married?
-Under what fact did she apply for divorce?
-What are your respective asset and income positions?
Thanks. Is the family home owned or rented and in whose name? If owned what is the value and outstanding mortgage?
Thanks for confirming. As the home is the former matrimonial home and is in both names, she will have a right to occupy the property - whether she wishes to do so is unlikely as she is in another relationship.
In relation to the divorce I would suggest you consider allowing it to proceed as it is unlikely that you have grounds to defend the breakdown of the relationship.
In relation to the children, given that the children are in your care and if she were to immediately take main care of them they will likely start having contact with her new partner, a court will likely find it unreasonable that this happens immediately.
In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1. The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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