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06 July 2012
Issue: 7521 / Categories: Case law , Judicial line , In Court
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Children & money

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Where the parties are involved in both divorce financial remedies and Children Act 1989 proceedings...

Where the parties are involved in both divorce financial remedies and Children Act 1989 proceedings (the latter involving live Cafcass evidence) and what residence order is made will affect housing needs, is there any reason why the two cases should not be tried together?

Children first (where child welfare is paramount): financial remedies (where it is the first consideration) second. However, it may be desirable for the second to follow on from the first and be heard by the same judge unless it would be more proportionate for the parties to have the benefit of an FDR before final hearing of financial remedies after the child dispute has been resolved.

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