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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hi will a parent with no job still get custody of two chil

Resolved Question:

Hi will a parent with no job still get custody of two children
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
I need a bit more info to be able to answer:
How old are the children?
When did you last see the children?
How much contact do you usually have with them? (How often, for how long each time, whether or not overnight)?
Are there any court orders about the children?
Customer: replied 2 years ago.
We are in the process of separating and selling the house to pay off debts I have a job for bt and I can rent somewhere but my wife has today lost her job and if she can't get another would the court decide the boys can come with me she is hoping the council will house her and she is automatically assuming the boys are with her , the boys are 4 and 5 and nothing has gone through the courts yet I just need some advice thank you
Expert:  UKfamsol replied 2 years ago.
Hello again and thanks for your question.
When parents separate, if they can agree 1) which of them the children are to live with, and 2) how much the other parent is to see the kids, then there's no need for any court orders.
If the parents do not agree, then either one of you can apply for a child arrangements order, to ask the court to decide both of these questions.
The court makes the decision on what is best for the kids, not on who shouts loudest. So - if their mum has always been the boys' main carer, and she's a good or ok as a mum, it's very likely that the court will say that the kids are to live with her, regardless that she's just lost her job. If that was the decision of the court, and you have a good relationship with the kids, and they are safe, happy and well-looked after in your care, then the court would definitely say that you should see them often.
If you were the main carer, then the court is likely to make the opposite decision.
If you want to make an application to court, the court fee is £215 and you will need Form C100, here:-
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
However, going to court is expensive, time-consuming and stressful, so it's much better if you can reach agreement either between yourselves, or via solicitors' correspondence, or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:
http://www.familymediationcouncil.org.uk/find-local-mediator/
I would also recommend that you get some face-to-face legal advice. Here's where to find a specialist family law solicitor near you:-
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes....
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