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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I live in a house owned by my former partner with our

Customer Question

hello, I live in a house owned by my former partner with our daughter after he moved us out of the family home after we separated. he has now said we must pay rent after living there rent free for 9 years as his daughters maintenance package, I have sole parental responsibility which I'm told ends when she reaches 16 so my millionaire ex who doesn't work is looking to end his financial responsibility for his daughter as he lives abroad and I wouldn't be able to chase him or have the CSA demand maintenance from him, he has never put his daughters welfare first but I never thought he would stoop this low.
my ex is estranged from his daughter and is doing this as I have a new partner who has moved in, I cannot afford this rent demand and as our daughter is 16 in April. I am considering my options now and thinking of leaving with my partner and leaving my daughter in the house under my ex partners duty of care.
my questions are ;
A, can he evict her from the house if she is over 16 but still in full time education?
B, would I be breaking any laws to leave and pass her duty of care over to him even if he didn't accept it ?
also what's your advice or any other ideas we could pursue please?
thanks,
K
Submitted: 9 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 9 months ago.

Hello K

At 16 your daughter is able to choose with whom she wants to live so you are not breaking any laws.

As your daughter is still under 18 and likely to be continuing with full time education - I would suggest that you give consideration to issuing an application under the Children Act Schedule 1 for provision of housing for your daughter. This would last until your daughter reached 18 years old. Such an order would mean that the property would transfer to you on trust for your daughter until reached 18 then it would revert back to your ex partner.

Post 18 - your daughter can make a schedule 1 Children Act claim in her own right.

kind regards

Caroline

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
that's great, thanks, how would we go about applying for that please? would the process cost me money? do I just fill in a C1 and take it to the court for this?
Expert:  ukfamilysolicitor replied 9 months ago.

glad I could help.

First thing to do is refer to family mediation. They may be able to help you reach an agreement without the need for court. This will depend on the mediator being able to speak with your ex abroad.

If mediation doesnt work then the mediator will sign the form for you to send to court.

kind regards

Caroline

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