Custody - New Relationship

MumOfOne

Ok... a bit of background needed for this one!

Husband and wife marry in 2005, 2 months later he's starts an affair, 1 month after wife is pregnant, husband asks her to abort. She doesn't! 9 months later baby is born, husband does NOTHING for/with the child. Wife finally finds out about affair and starts proceedings.

Now, wife meets a lovely guy and uses every opportunity to see him even inviting him to her place while husband is away on holidays with his girlfriend (yes, they're still living together, he just won't budge). Wife phones solicitor to ensure that this new relationship doesn't hurt her case only to find out that it would hurt her Custody Case if this new guy has a relationship with the child!!:eek:

:mad: :mad: What does that mean? Why!? Can anyone shed some light on this one? :mad: :mad:

ladylorenzo

MumOfOne wrote:

Ok... a bit of background needed for this one!

Husband and wife marry in 2005, 2 months later he's starts an affair, 1 month after wife is pregnant, husband asks her to abort. She doesn't! 9 months later baby is born, husband does NOTHING for/with the child. Wife finally finds out about affair and starts proceedings.

Now, wife meets a lovely guy and uses every opportunity to see him even inviting him to her place while husband is away on holidays with his girlfriend (yes, they're still living together, he just won't budge). Wife phones solicitor to ensure that this new relationship doesn't hurt her case only to find out that it would hurt her Custody Case if this new guy has a relationship with the child!!:eek:

:mad: :mad: What does that mean? Why!? Can anyone shed some light on this one? :mad: :mad:

Best thing to do is ask your solicitor as she will be able to give you a more comprehensive reason. Saying that, it might have something to do with the fact that the court,in any decision re custody, must ensure that any such decision be made in the "interests of the welfare of the child". They may feel that the introduction of another man into the child's life at this early stage would cause the child emotional distress and therefore, by introducing this new man, you would be the party seen to be acting in a manner contrary to the best interests of the child.

It looks like you have a pretty stong case re the Custody of the child so follow your solicitor's advice for now and keep it as simple as possible. Cases such as these can be incredibly unpredictable and you never know what your ex may throw at you in court - even if he has shown no interest in the child to date. The last thing you need is for your custody case to be compromised because of your new relationship.

Good Luck, LL

Tom Young

Hire a good solicitor. Being asked to abort, when aborting is on limited ground in Ireland, in my mind, should be highlighted by your brief.
Emotional pressure etc.

You might go through the context of the beginning of the relationship with your brief and see if the marriage can be declared void ab initio or nullified. This is a less favourable option, as divorce is possibly better from an inheritance and standing perspective.

It would appear that a request for an abortion once in a marriage is a little strange.

Anyway, best of luck.

seamus

These are only questions a solicitor can answer I'm afraid. In the interests of protecting your defence, I would advise that you discuss everything in private with your solicitor. As said above, "you never know what your ex may throw at you in court" - Even seemingly private conversations with friends or anonymous postings on bulletin boards.