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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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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Hello again. Since my last question in August things have

Customer Question

Hello again.
Since my last question in August things have progressed as follows.
We are still living together with the children (2 boys,5 year old and 17 months). That said we have decided to separate. She decided to look for alternative accomodation for herself and the kids which she found but has yet not moved into as landlord is doing some work to it. The flat is within walking distance of their school and daycare nursery whereas now i need to drive them there.
I am not ok with her taking our children with her without a legal agreement regarding their living arrangements.
I believe that she is ok with 50/50 (1 week with me and 1 week with her). She mentioned that she wanted her new address to be their primary home which i am sure could backfire on me if i agree. Must there be a primary address? must there be only one primary carer? if i am ok with her being the primary carer how could it back fire on me considering that so far i have been the primary carer (this is due to her working in the city and me working from home).
Can you suggest an arrangement that would give equal rights?
Many thanks
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.
Is your ex intending to work from home more often?
Clare
Customer: replied 2 years ago.
She recently started a new job (contractor) . So far it is a 9 to 7 job. She did mention she had asked to be able to work remotely from home 1-2 days a week.
Expert:  Clare replied 2 years ago.
Hi
The week and week about pattern is very hard on young children but if it was you have agreed then fair enough.
Clearly the children do have to have a primary address for Official purposes - Doctors Dentists Schools etc - but that does not mean that either parent has to have the title of "Primary Carer"
Since there are two children involved you can each claim child benefit for one child (if financially appropriate) and since the scare split is 50/50 neither of you can claim Child Maintenance
It would indeed be sensible to agree a Parenting Plan prior to the move
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Can she walk out of the house with the kids and move into her new flat without my approval?
Expert:  Clare replied 2 years ago.
Hi
Yes she can do so - but you can then apply for a Specific Issue Order to have them returned to your home while negotiations are completed although there is no guarantee this would be granted
It would be better to avoid this by going to Family mediation sooner rather than later
Clare
Customer: replied 2 years ago.

Thank you.

Can they be registered at my address for certain things eg GP, NHS and her address for other things eg. school, sports clubs? or can they only have one official address? That said she insists that her address should be the primary one. She also proposes i see the kids twice during the week after school and every other week end. If i accept both her requests would i end up in a weaker position now or further down the line?

If we agree to share the costs relating to the children (50/50) but then changes her mind could she be ordered to do so? she earns 100k+ i earn considerably less.

Who holds on to the passeports? what if she goes to the USA with them and once there decides no to return to the UK, what could i do then? can i somehow prevent that from ever happening?

Many thanks

Expert:  Clare replied 2 years ago.
Hi
Will you have them overnight those two nights - and the weekends from Friday to Monday?
Clare
Customer: replied 2 years ago.
Thank you.Yes they would sleep over.I would like to see them for 1 hour after school on Mondays,Thursdays and Fridays with spleepovers on Tuesdays and Wednesdays. One exclusive weekend a month (Friday to Sunday evening) and two shared week ends I.e Saturday with me and Sunday with her.What do you think?
Expert:  Clare replied 2 years ago.
Hi
Would alternate weekends from Friday to Monday plus every tuesday and Wednesday nights not be more clear cut for the children?
Clare
Customer: replied 2 years ago.
Thank you.
Not sure if you noticed these questions posted earlier
Thank you.
Can they be registered at my address for certain things eg GP, NHS and her address for other things eg. school, sports clubs? or can they only have one official address? That said she insists that her address should be the primary one. She also proposes i see the kids twice during the week after school and every other week end. If i accept both her requests would i end up in a weaker position now or further down the line?
If we agree to share the costs relating to the children (50/50) but then changes her mind could she be ordered to do so? she earns 100k+ i earn considerably less.
Who holds on to the passeports? what if she goes to the USA with them and once there decides no to return to the UK, what could i do then? can i somehow prevent that from ever happening?
Many thanks
Expert:  Clare replied 2 years ago.
Hi
They can have as many addresses as they wish - and whether she calls herself the primary carer or not is irrelevant - it is about how many nights they spend with each of you
With regard to the financial issues I am afraid that such an agreement is not enforceable unless it is part of a Court Order.
Neither of you can take the children out of the country without the permission of the other parent - and if they do then you can apply to the court in that country for the return of the child to the UK - and the USA is a signatory to the hague Convention on Abducted children meaning that the children will be returned
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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.
Since my last question I found out that my wife has given our children's passports including mine to her lawyer, when I asked her why she said to prevent me from leaving the country. If anything i would worry about that considering.she is American and has no family on the uk.
My questions are:
1) does she have a right to do hand over my children's passports without my consent?
2) does her lawyer have the right to accept and keep my passport without my consent?
Note: I have no problem with the lawyer keeping our children's passports so long they can only be retrieved by both of us and not by one of us which would defeat the purpose.
Is it true that only the parent who applied for the children's passports can apply for new ones in case the old ones get lost?
Many thanks
Expert:  Clare replied 2 years ago.
Hi
Sorry - are you saying that your personal passport is with her solicitor
Clare
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi
Then you can demand it's immediate return - they have no right to hold it
Handing the children's passports in is simply odd.
You both have parental responsibility and the right to hold the passports
As things stand I suggest you tell them that you are happy for them to hold them provided they are not released to either of you unless you both agree.
Either of you can apply for a passport as you both have Parental Responsibility
Clare
Customer: replied 2 years ago.

Thank you.


 


I have received a Draft divorce petition from my wife's solicitor.


 


My wife earn in excess of £100k and I earn around 18-24k. I am set to inherit approx 500K.


 


On the petition there is a section entitled


 


(3) Financial Order (if you wish to make an application for a Financial Order)
x(a) That the Petitioner may be granted the following Financial Order(s):
xan order for maintenance pending suit/outcome
xperiodical payments order
xsecured provision order
xlump sum order
xproperty adjustment order
xorder under section 24B, 25B or 25C of the Matrimonal Causes Act of 1973/paragraph 15, 25 or 26 of Schedule 5 to the Civil Partnership Act of 2004 (Pension Sharing/Attachment Order) or section 25F or section 21B of the 1973 Act or paragraph 19B or paragraph 34A of the 2004 Act (Pension Compensation Sharing/Attachment Orders)
x(b) For the children
xa periodical payments order
xa secured provision order
xa lump sum order
xa property adjustment order


 


She has ticked all the boxes! now in view of our incomes and the fact that i have been the primary carer of our children because i work from home what can she really expect to receive financially from me?


 


Many thanks


 

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