How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33947
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My daughter is a drug user. She and her partner (also a drug

Customer Question

My daughter is a drug user. She and her partner (also a drug user) have three children - 6,8,and 10 yrs. Because of breakdown of their relationship due to her being mentally abused by partner, she asked him to leave the council flat (which she had applied for but included his name on the lease). He refused and so she had to leave the family home to come to live with me (mother and grandmother). She is working full time and so I help with the children on her behalf. The arrangement was that the children would stay with each parent 50% of the time and share everything equally. Now that the father is having to pay extra for the 3rd bedroom in the council flat, he is asking her to help pay for that as well as requesting the child allowance. He works one day a week and claims to be the main carer, which is not the arrangement that was originally agreed. What rights does my daughter have. Is she able to claim the flat for herself and to have complete responsibility for the children with two grandparents helping her out with child support?
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 how many nights a week do they stay with their father?
Clare
Customer: replied 2 years ago.

The children are aged 10, 8,6 yrs. They stay with their father 3, sometimes 4 nights a week.

She has read the question I first sent you and I enclose it below now, amended:

My daughter is in treatment for substance abuse and is currently prescribed methadone. She and her partner (also in treatment for substance abuse and prescribed methadone) have three children - 6,8,and 10 yrs. Because of breakdown of their relationship due to her being the recipient of 'moderate' domestic abuse by her then partner, she asked him to leave the council flat (which she had applied for but included his name on the lease). He refused and so she had to leave the family home to come to live with me (mother and grandmother). She is working full time and so I help with the children on her behalf. The arrangement was that the children would stay with each parent 50% of the time and share everything equally. Now that the father is having to pay bedroom tax for the 3rd bedroom of the council flat (as the children do not live there full time), he is asking her to transfer the child benefit into his name so that he will become the primary carer of the children. He works one day a week and claims to be the main carer, which is not the arrangement that was originally agreed. What rights does my daughter have. Is she able to claim the flat for herself and to have complete responsibility for the children with two grandparents helping her out with child support? What kind of legal arrangements can be put in place in ensure that agreements are being honoured?

Expert:  Clare replied 2 years ago.
Hi
How long has she been out of the property?
Clare
Customer: replied 2 years ago.

Over a year but not completely; the two parents want to have a family outing together every Saturday. My daughter would stay over on the Sat night regularly and sometimes the Friday as well.

Expert:  Clare replied 2 years ago.
Hi
Then I am afraid that there is little chance that your daughter could make a successful application to return to the property.
Equally since it is clear that the care of the children is indeed shared equally between them it would be appropriate for the Child Benefit also to be shared between them
This can be done by one of them claiming for one child and the other for two.
They should try and discuss this between themselves using family mediation
www.familymediationhelpline.co.uk
Your daughter certainly does not have to pay any of the rent.
She may be eligible for an alternative property in her own right
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33947
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Then I am afraid that there is little chance that your daughter could make a successful application to return to the property.

Her name is ***** ***** the lease.

Equally since it is clear that the care of the children is indeed shared equally between them it would be appropriate for the Child Benefit also to be shared between them
This can be done by one of them claiming for one child and the other for two.

The issue here is the not the money so much as the right to have a 3 bed council flat. My daughter does not want to relinquish her right to have the children for at least 50% and, by signing the child benefit over, she has to declare that the father is the main carer, which she does not wish him to do. He is not sufficiently able to fulfil that role -issues with regard to schooling and standard of hygiene at home. She wants to see her kids in the evening as much as she can.

Thanks for the mediation contact.

Expert:  Clare replied 2 years ago.
Hi
I am aware that she is still on the lease but there is no basis at present that a court would force her ex to leave so that she can return there.
Sharing the child benefit is in no way declaring that the father is the main carer.
It simply reflects that they are both sharing the care of the children, and since there is more than one child it is possible to share the Child Benefit - not possible where there is only one
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters