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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2539
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a Mum, one child aged 3, the second aged 3 months

Resolved Question:

I have a Mum, one child aged 3, the second aged 3 months whose partner has decided he doesn't 'love her' any more. Presently, she lives in her partners' fathers' second house (Whilst the couple's 'new' house was being built). The grandfather, now wants her and her two children out of his second house and the children's father intends to live in the 'new build'. Effectively making a mother and two children homeless. She can't, but would work if not for her two children. She can't privately rent as she has no income at present. Where does she go for help? What are her legal options? Thanks for any insight you can give as to how I can help them.
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question, just a bit more information required to fully assist you:

-Are the parents married?

-Is the new property ready to live in?

-Is the property suitable for them to occupy?

-What is the father's gross income?

-What other assets does the father have?

Customer: replied 12 months ago.
No, the parent's aren't married. Their 'new' build is almost ready to live in. Yes, she is asking if maybe she could move into the new build with their two children, just for the interim, until she can find a job and a home. He's not keen. Doesn't understand why she can't demand 'social housing' on tap and is not happy that she won't sort it out. Don't know the father's gross income, but I don't get the feeling it's 'peanuts', but maybe not mega bucks. Haven't got a clue as to his other assets. He has a good job. Works away from home most days. .
Customer: replied 12 months ago.
You will not understand this, I'm just a pre-school supervisor, with a lovely Mum..who is in bits. If I can help 'my family', it's money well spent. Thank you.
Expert:  Harris replied 12 months ago.

Thanks.

Firstly, if the mother has no income or employment she would be eligible to apply for income support, child benefit and possibly child tax credit.

In relation to the homes, as they are not married she has no automatic right to the properties. If she is "evicted" from the grandfathers home she should immediately present to her local authority housing department as homeless and they will assess if they have a duty to accomodate her - if the children are in her care and she is not intentionally homeless and has a right to live in the UK then they are likely to agree that they have a duty. They will initially provide her with temporary/emergency accommodation, with a view to something more permanent. She would also be assessed for housing benefit.

She will also be able to apply for child maintenance through the Child Maintenance Service who will assess the father's legal obligation and provide a weekly amount he has to pay - they will discuss ways they can collect and enforce payment.

Further to this, she will have a right to apply under the Children Act*****Form A1 for the father to provide housing for the benefit of the children - the "new build" can be the asset in such proceedings and the court will assess both their circumstances and decide what is in the children's best interest.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 12 months ago.
Thank you. Pretty much as I thought. And to think people are pooh-poohing the 'marriage licence' as being outdated! Pshaw! A signed contract with the Gov't is far better than the 'bird in the bush'!!! Least I know what to say and what she can expect when we talk tomorrow. Breaks my heart sometimes.
Expert:  Harris replied 12 months ago.

Thank you - I hope it goes well. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2539
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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