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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 727
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am currently awaiting a decree absolute and have 2

Customer Question

I am currently awaiting a decree absolute and have 2 children aged 3 and 6. We have been seperated for 18 months and he lives in the marital home. I bought another house. We have tried to work together with shared custody but talking breaks down when I don't give in. He wants the family benefit and I am reluctant to give it. I do not want to stop equal access but we cannot agree on change and family benefit. Where do I stand please?
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
Also where do the children 'live'
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I specialise in family law so I can assist in respect of arrangements for the children but I am not a benefits specialist.

Please may I ask:

- what is the current arrangement for the children to spend time with both of you?

- are there any child protection concerns in respect of the father spending time with the children?

kind regards

Caroline

Customer: replied 4 months ago.
No child protection concerns. The first 6 months he had the children overnight 2 per week and now 50 50. However he pushes me into changing the days to suit him. I work and need to have routine
Customer: replied 4 months ago.
He is looking to have the benefits. Just standard child benefit at his address as he sees himself as primary parent
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Thank you for your response.

It is the position of the courts that children are entitled to a good meaningful relationship with both of their parents as long as there are no child protection reasons as to why this should not happen.

If it is possible for both parents to share the care of the children - then the courts will make such an order if it is is in the childrens best interests.

That being said - the children will benefit from a routine and the father should not be changing his nights with the children on a whim. The routine should be set as far as possible so that you can both live your own lives, work, and the children know when they are going to spend time with both parents. You need to hold your ground if the father has no genuine reason for seeking to change his days regularly.

My understanding in respect of benefits is limited. I am aware that the father can seek to contest the claim for child for benefit. I am also aware that separate claims can be made for tax credits.

Let me know if I can assist you further.

Kind Regards

Caroline

Customer: replied 4 months ago.
If I moved out of area can I change schools as long as access is maintained
Expert:  ukfamilysolicitor replied 4 months ago.

You have to be aware that the father can apply to court if he disagrees with the change of schools. The court would deal with this as a specific issue and they would decide if the change of schools should happen based on what is best for the children.

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