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Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 21
Experience:  Moderator
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In may 2011 i arranged for my two children to live with their

Customer Question

In may 2011 i arranged for my two children to live with their father and he claims for the child tax and child benefit. My kids are 8 and 7 years old, their next birthday's is in September. I now want my kids back living with me because he will not let me know when I can see them, will not answer the phone and in effect, has stopped me being able to see my kids. I have been in a refuge when my kids were younger due to him being violent and too controlling. Where do i stand and what is the best course of action for me? He works 3 days a week, and I usually have them but now I think his partner is looking after them. This happened as soon as summer holidays began because he knows he can use his girlfriend to look after them. Would it go against me to take my children back and stop him from seeing his kids like he is doing to me?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but need some further information first
Why did you arrange for them to live with their father?
Customer: replied 4 years ago.

Hi thank you for responding. I had a relationship breakdown and had to move out of my ex partners house, (not the kids father). I did not want to take my children into homeless accommadation, which I regret now. so I arranged for my children to go to their dads. He did not actually take them till 8 months after asking him. In that time I moved into a private rented house. I notified Tax credits of my change of circumstances after I moved out of ex partners house and for 8 months I did not receive any money that I should have been entitled to. I was still getting child benefit but not child tax. Due to this, I could not afford the rent or bills and was having to live off income support alone. Inland Revenue never did pay me in this time and i still dont know why. I was told that it had been escalated and there was nothing I needed to do or that I could do but wait. And that was the highest person that I could speak to. I had to leave the rented house and that was when kids father had them. I then notified the change to inland Revenue. If I was receiving the money I was entitled to, I would have been ok and avoided homeless accommodation. I have my childrens best interest at heart. I would not persue this if the kids dad was fair, but he is controlling and unfair. He works 3 days a week and has a non registred baby sitter or uses his girlfriend when they should be with me, so I want to go to court for joint custody.

Expert:  Clare replied 4 years ago.
What contact have you been having with the children until now?
Customer: replied 4 years ago.

I was seeing them three days a week while he works.

Expert:  Clare replied 4 years ago.
Do you now have your own accommodation?
Customer: replied 4 years ago.

No. I am living with a friend who I pay rent to. I can have my children here but I do plan to get a 1 bedroom flat very soon.

Expert:  Clare replied 4 years ago.
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary
You have clearly always placed the needs of the children before yours and there is no reason why you should not have the regular contact that you previously enjoyed
You should try and discuss matters with your ex using Family Mediation ( but if that fails then you can apply to the court for a defined contact order - this is done using a form C100
The fee exemption form is here
I hope that this is of assistance - please ask if you need further information
Expert:  Nicola-mod replied 4 years ago.

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