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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If the father has left the home does he have a right to

Resolved Question:

If the father has left the home does he have a right to dictate when he should see the children and is it right that he only has to give £41 a week for 2 children. and can the wife claim spousal support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-How old are the children and what arrangements is he requesting?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
We are in England ages 32 and 3. Married almost 3 years but together 9 years but separated not yet divorced.
The children are one will be 7 in July and the other 1 in July.Father currently see them every weekend.no problem with that except for when the kids have to attend birthday parties or family events.
There are no assets. live in a 2 bed maisonette and he now lives with his mother.He earns £22k a year. Mother only works term time at after schools club earns 320 a month.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Based on the information you have provided, his gross salary being £22k per year and the children appearing to stay with him less than 52 nights a year, his legal liability is £68 per week for both children. This will decrease the more nights on average they stay with him.

In relation to spousal maintenance, if she cannot meet her reasonable needs herself then she can apply to court under Form A for spousal maintenance from him.

The father does not have a right to dictate when he should see the children. The mother is their main carer and it will be for them to agree to what is best for the children.

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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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