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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1437
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Myself and my husband separated in December, I moved out of

Customer Question

Myself and my husband separated in December, I moved out of the Marital home with the children (2 boys aged 5 and 3) he sees them twice one week and 4 times the next by mutual arrangement. Communication has broken down between us and he is asking for the child benefit. I am the resident parent as I have he children registered at my address....what access rights is he likely to have and how can I mange when he has the children as he just demands them
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question.
I am a solicitor and will assist you.
It is the perspective of the court that it is a child's right to have a relationship with both parents unless there are child protection concerns. Both parents with parental responsibility should have equal status in relation to children.
I note that your children are spending 5 days a fortnight with father although he is demanding more time. Courts do prefer parents to be able to agree with each other the time that your children spend with each parent rather than having to order what should happen. You need to consider the children's routines and what works best for them - if they can be picked up / dropped off from nursery / school.
If your ex wants to make an application to court - then he will have to refer the matter to mediation first. Mediation seeks to help patents agree without the need for court proceedings. It is better to try and agree arrangements if possible.
You should consider making a referral to a specialist mediation service. They can assist in relation to agreeing a timetable for your children in relation to spending time with you both. One such mediation service is the National Family Mediation service.
If mediation does not work then your ex may decide to make an application to the court. The Court will only make an order if they consider it is in your children's best interests to do so.
Kind Regards
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