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?
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.
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 themThis 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.