1 Comments Family & de facto law, financial agreements, consent orders
OK. Lots to go through. Firstly, the fact that he has moved in with another new partner. Unless it is affecting the children and you can show that, then the court doesn't generally care, as long as the children's best interests are taken into account. When it comes to families the only thing the court will look at is how the child is affected, the child's best interests being the number one priority. It's not necessarily about the two of you, it's about the children. He doesn't have to disclose a relationship to you because it is his personal life. However, if having this relationship negatively impacts on the children, then you have the right to bring this up as an issue. 50/50 Shared care: The court likes each parent getting equal time with the child/ren. If 50/50 can be successful then they will be all for it. However, if it affects the children negatively in any way and you can show this, giving it time to settle down and the children to get used to the new arrangements and taking into account what the children want, having consideration of their ages etc and it still after this affects the child/ren negatively and you can see future negative impacts, then the court will look at the evidence and look at revising the decision. Property If agreement has been reached and legally signed off on, then there's very little you can do. However, if you are in the middle of working it all out, then speaking to a lawyer is a must. They can tell you more specifically what you can do and what you are entitled to. As for child maintenance, if there is any, living with someone doesn't affect that, but him having more money will. Primary Carer If you are both sharing the physical custody equally, both looking after the day to day caring of the children equally, then you both are the primary carer. If you are doing most of the day to day caring, then you are. Similarly with him. The primary carer is the person that does the majority of day to day caring for the children.