Our expert says:
Family law expert
Regarding your questions about, what your chances might be in the final divorce or Rule 43 that a court will reduce your your physical access or make you the primary caregiver as your wife is unfit, the following.
A child has a right to shared parenting when both parents are equally suited to provide it. Inherent in public policy is a recognition of the child's right to equal access and opportunity with both parents, the right to be guided and nurtured by both parents, the right to have major decisions made by the application of both parents wisdom and judgement and experience. The child does not forfeit these rights when the parents divorce.
In the interest of the children, parents first need to put aside their differences and co-operate with one another instead of working against each other.
The court will be lead by the reports of the Family Advocate and the doctor psychologist recommendation.
It is difficult to say exactly what maintenance you will need to pay as I don't have any information on your income and expenses as well as those of your spouse, but as a benchmark where everything is split 50/50, then certainly each parent will have a 50/50 contribution to make towards the maintenance. The children are entitled to financial support from both parents - even though the amount of your contributions will depend on your respective financial positions. If, for example, the father is wealthy and the mother poor, the father's contribution towards the children's maintenance will be far greater, in proportion to the mother's, than would normally be the case.
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