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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34285
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 ex has been granted custody of children. He is unemployed

Resolved Question:

My ex has been granted custody of children. He is unemployed and I am employed, on a good wage. Within 3 months he has booked himself a week away abroad with his mates. The company i work for haven't declined my holiday request but aren't happy about it as they have a big expansion programme happening and need all hands to the pump. Is it right that my ex can just do this? What are my options?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean he has asked you to care for them?
Clare
Customer: replied 3 years ago.

He has simply booked a holiday abroad and told me I need to have the kids.

Expert:  Clare replied 3 years ago.
Hi
How old are the children and was there a fight about where the children should live - if sodo you still wish them to live with you?
Clare
Customer: replied 3 years ago.

He is long term unemployed and I am employed so if I have them I will receive no maintenance. But now I am having to risk my job. They are 6 and 4

Expert:  Clare replied 3 years ago.
Hi
Do you wish to have them in your care full time?
Clare
Customer: replied 3 years ago.

Not as things stand....we need money coming in and I have a good job. But I don't want to lose my job because of how he is being. Can I simply refuse and where will that leave him and the children?

Expert:  Clare replied 3 years ago.
Hi
What will he do if you refuse do you think?
Clare
Customer: replied 3 years ago.

I really don't know. What are my options, please?

Expert:  Clare replied 3 years ago.
Hi
This is not a legal matter as such
You can say yes if you wish - or you can say no.
If you say no then it is up to your ex to decide what to do.
If his answer is simply to dump the children on you and leave then clearly you will have to consider whether or not you need to have the children live with you so that you can make proper arrangements for their care whilst you are at work without such issues arising.
Certainly a court would support you of you applied for the children to live with you in these circumstances
This would of course also mean you no longer have to pay Child Maintenance to your ex.
It is something you shoudl discuss with your ex using family mediation (www.familymediationhelpline.co.uk) so that he understands the risk he runs.
Please ask if you need further details
Clare
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