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: 33276
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 wife has moved out without any notice to me and removed

Customer Question

My wife has moved out without any notice to me and removed my children from the marital home. The property is a council house solely in my name. She had a son before I met her who is now 10. Although since to age of 1yrs old I have raised him as my own I have never legally adopted him However we do have a daughter age 7. Do I have a legal right to keep her with me in the marital home where she has been raised. I have always done all the school runs and looked after her as we decided I would basically be a house husband to look after the children while she worked.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.When did she leave and what excuse did she give (if any)
Customer: replied 1 year ago.
She left on Saturday the 30th Oct 2015. Her excuse was she didn't love me. She has not returned any of my messages/ phone calls and I had to track her down to her parents where she is currently living in a small cottage with them
Expert:  Clare replied 1 year ago.
Have you seen the children at all?
Customer: replied 1 year ago.
No Nothing. I have text her to explain last night the following
"I will be picking Ruby up from school on Monday as normal. Please don't have anyone else there to pick her up as this will not be good for Ruby and will only cause an uncomfortable scene"
Her response was this
"That's fine, I will pick her up on my way from work"
Expert:  Clare replied 1 year ago.
HiThe law says that a child has a right to a close relationship with both parents and the courts will enforce that if necessary.HOWEVER for the very same reasons you asked her not to create a conflict at school, simply retaining your daughter at home is not a sensible plan.Instead make it clear that you expect to share the care of BOTH children in a reasonable way - possible Friday to Monday on alternate weekends plus two night in the week and make arrangements to discuss this with her using Family mediationwww.familymediationhelpline.co.ukIf mediation fails then you can make an immediate applictaion to the court for a Child Arrangement Order and your role as a stay at home Dad coupled with the fact that you have behaved in a way that has prioritised the needs of the child will make it likely you will get what you ask for!Please ask if you need further details
Customer: replied 1 year ago.
Ok Thank you Clare. I will now propose to my wife exactly that. I will explain that I will keep her from this Monday until Wednesday for this week. Following that I will propose I have Ruby every alternate weekend and say every Tuesday and Wednesday evening. If she does not agree to this I will then apply to the court's for this. Does this sound acceptable in your view?
Customer: replied 1 year ago.
Does the above sound acceptable to you Clare?
Thanks
Expert:  Clare replied 1 year ago.
I am sorry but no - you can certainly suggest that you keep her until Wednesday and if she agrees well and good.If not the allow the child to go home on Monday night and make an appointment with a Family mediator as soon as possibleIt is compulsory to attend a Mediation Information and Assessment Meeting before starting court proceedings

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
< Last | Next >
  • http://ww2.justanswer.com/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.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/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.com/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.com/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.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)