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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a stay at home father of three children, aged 6,5 and

Customer Question

I am a stay at home father of three children, aged 6,5 and 3. I took a career break from the Metropolitan Police Service over 4 years ago to look after my children while my partner (we are not married), who is a City lawyer, began with a new law firm. She is now an equity partner, making considerably more money than 4 years ago, and works very long hours.

Our relationship has completely broken down and she has frequently asked me to leave the home. I have raised my children and want to continue to raise them. I have no independent income and we live in rented accommodation. What rights do I have?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 3 years ago.

Does she have the right to ask me to leave the family home? Would I be awarded full custody of my children?

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you.
You cannot be forced to leave the family home unless she can prove an incidence of violence
If you have been the main carer of the children until now (which you very clearly have) then in the event of a dispute it is likely that the Court would wish to continue the Status quo with the children and you woudl remain in the property with them with your ex having regular contact
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) but if that fails you may need to make an application to the court for a Residence Order
You can get help from the group Families need Fathers (www.fnf.org.uk)
Claire
Customer: replied 3 years ago.

Thank you. She is currently on a salary of $1.3 million (£780,000). I have no independent income. Would she be required to continue with the upkeep or not?

Expert:  Clare replied 3 years ago.
Hi
She will have to pay child maintenance based on her gross weekly pay at the rate of 19% of her first £800 a week and 15% of the excess.
In addition given her income you may be able to make an application under schedule 1 of the Children Act for extra income to maintain the children's existing lifestyle.
You personally have no claim for maintenance as you were not married
Claire
Customer: replied 3 years ago.

If I pursue the application under Section 1 of the Children Act, what is the likely outcome? Also, will the money be paid directly to me? I ask this because the idea that she pays for weekly shopping, heat, electricity, and so on, seems unworkable.

Expert:  Clare replied 3 years ago.
Hi
The child maintenance money will be paid directly to you and from that you will have to pay the bills etc
It is hard to assess what the outcome of a Schedule I application would be as it depends on her Income and your Income from all sources and the reasonable needs of the children
Claire

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