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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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I wish to have my children 50% of the time once we have done

Resolved Question:

I wish to have my children 50% of the time once we have done the divorce and I have a property is there any law against this. also does that stop my wife claiming child support and entitle me to help in doing so?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How old are the children and what contact do you currently have?
Who had the day to day care of the children prior to separation?
Clare
Customer: replied 2 years ago.

My children are 11,9,and 8 I speak to them on the phone the wife has said Thursday and Sunday but this is often not done with the excuse poor signal or on holiday followed by tough when I complain. I asked to have the children for a week of the holidays this was refused and I had to go to Devon and see them staying in a hotel and only being allowed to have them when she said 9am till 1800 .The agreement was I could talk to them on the phone and see them as often as I wished within reason.

To add to this the financial agreement is not offering me the safety I asked for this is why I am going for part custody to hopefully protect me from her taking further monies.

Expert:  Clare replied 2 years ago.
Hi
Exactly what physical contact have you has since you separated - and how long ago was that?
Clare
Customer: replied 2 years ago.

My wife told me on the 26 of May that she did not like me anymore after she did something on the evening of the 25 of May which caused an argument. I returned home to the family home to avoid any further bad feelings and let the children and her continue the holiday. I returned at the end of the holiday intending to pick them all up however on my arrival I was informed she had sent the children back with her parents earlier that morning and that she would be travelling back with another friend so I took the caravan home. She refused to bring the children home after several days we spoke and I agreed to move to my parents so she and the children could move back into the family home. I had the children from the 18/22 between the hrs of 9 am and 1800.

Expert:  Clare replied 2 years ago.
Hi
Who had the day to day care of the children before you separated?
Clare
Customer: replied 2 years ago.

I had the children as I am retired and my wife worked.

Expert:  Clare replied 2 years ago.
Hi
That is very helpful.
Did she work full or part time?
Clare
Customer: replied 2 years ago.

She worked full time but since the split she has reduced her hrs to just enable her family tax credits .

Expert:  Clare replied 2 years ago.
Hi
I am unclear as to the financial links that you refer to - what is the actual problem?
Clare
Customer: replied 2 years ago.

We own 3 properties the family house and 2 bungalows one her parents occupy and one rented. Then we have some savings .

Expert:  Clare replied 2 years ago.
Hi
So you can have a property to live in suitable for the care of the children?
Clare
Customer: replied 2 years ago.

Yes I can have one of the bungalows to live in

Expert:  Clare replied 2 years ago.
Hi
The fact that you were the main carer of the children in the past means that there is an excellent chance that the courts will indeed allow a shared care arrangement if you and your ex are not able to agree a pattern between you.
However shared care does not mean 50/50 and whichever parent has the child more nights a yeat can still claim child maintenance
I hope that this is of assistance - please ask if you need further details
Clare
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