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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and i have just separated and she is moving out of

Customer Question

My wife and i have just separated and she is moving out of the family home. She is planning to finance a new home by claiming tax credits. I am concerned that if she does this there could be an implicit assumption at some point in the future that she is therefore the primary carer and would be favored in any custody dispute. I am very keen for the children to stay with me obviously with the normal access rights for her.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old are the children and who has had their day to day care until now?
Clare
Customer: replied 3 years ago.
The children are 5 3 and 2. We both work full time and therefore the care is split. Whilst we are at work the eldest is in school with wrap around care and the two younger ones are in full time nursery care. My wife and i are still living together at the moment so the arrangements have not changed.
Expert:  Clare replied 3 years ago.
Hi
Has your wife made any suggestions as to how this will change when she moves out?
Clare
Customer: replied 3 years ago.
She has said that she wants me to have access whenever i want, and to share in a similar way. I am still keen to be the principle carer
Expert:  Clare replied 3 years ago.
Hi
Do you intend to cut your working hours to achieve that?
Clare
Customer: replied 3 years ago.
Sorry i have misled you by stating carer. It is our intention that the childcare arrangements for the children will remain unchanged it is more the fact that i want to retain the children in the family home where i will be living.
Expert:  Clare replied 3 years ago.
Hi
Is she likely to agree this?
Clare
Customer: replied 3 years ago.
Yes there is a good chance that will be possible
Expert:  Clare replied 3 years ago.
Hi
In that case how you share the benefits between you is up to you - in the event of a dispute about child care the court will look at what has been physically happening rather than how the money was dealt with.
It is always always better if parents can agree on how the children spend their time between them - relaxed and happy parents make for relaxed and happy children.
There are various Parenting Agreements available online that can help in ensuring that you have looked at all the possible issues
If there are other financial issues involved then please ask for further details
Clare

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