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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex is threatending with getting custody of our kids who

Resolved Question:

my ex is threatending with getting custody of our kids who are 3 and 6.
He says because he doesn't work he doesn't have to pay maintenance and because kids are under me, he doesn't need to do school runs.
I would like some advise as I belive he is not fit enough to look after the kids 24 hours or take responsibility as he never keeps his word or sticks to any arrangements made regarding the kids or anything.
Submitted: 5 months ago.
Category: Family Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

how are the children cared for at the moment?

Customer: replied 5 months ago.
I am the sole parent and guradian.
Customer: replied 5 months ago.
The children live with me and I managed every thing. Their father does not pay maintenence or see them sometimes for months and suddenly he would turn up at my door when he feels like when he clearly knows he is not meant to do that as per the mediation service we attended. The arrangement made through the mediator has never been followed
Expert:  Clare replied 5 months ago.

How long have you lived apart and has he actually threatened to remove them from your care?

Customer: replied 5 months ago.
We have been living apart completely since the birth of my daughter, her dob is: 11/02/2013.
He hasn't threatened with taking full custody but he has said he will have them live with him for weekends and holidays.
Customer: replied 5 months ago.
sorry I have never used one of these sites before.How long usually before the required advice is given. Excuse me but I don't want sound like I'm being rude but my ex'sent threat has stressed me out and just want some effective info if possible asap. thank you
Expert:  Clare replied 5 months ago.

My apologies for the delay

Please ignore your ex he will not be able to take over the care of the children every weekend and holiday.

The children are clearly safe and secure with you and you have always been their carer.

IF (and it is a big if) he does show some committment and commit to a regular pattern of visiting contact then je may well get alternate weekend contact and half of the school holidays - but even that is unlikely

You do not have to let him see the children when he just turns up - the children need a regular pattern - so stick to that!

Please ask if you need further details

Customer: replied 5 months ago.
Thank you for your response and just the two other things that was in my initial question. If he doesn't work, does they mean he gets away with not paying maintenence and taking responsibilities. If the court decided be gets to have them some weekend etc will he have give maintenance regardless of his income ?????
Expert:  Clare replied 5 months ago.

I am afraid that maintenance and contact are simply not connected.

Your ex does have to pay flat rate maintenance at £7 if he is on benefits.

The more contact he has the LESS maintenance is payable

Customer: replied 5 months ago.
Thank you.
have a nice day
Expert:  Clare replied 5 months ago.

You are welcome - I hope all goes well

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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