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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1441
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Thank you. This is long-winded I am afraid. My sons wife kicked him out end of March this

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Thank you. This is long-winded I am afraid. My sons wife kicked him out end of March this year. She has taken him off the council lease. There are 2 kids, 5 & 3. He has them every other week fri night till 4 on sat & other week 4 on sat till 6 on sun. Also every wed night and every other Monday night. He pays her £250 per month maintenance. He tells me he is on final warning at work for time off he's had to take when kids are ill. His wife works part time & on benefits. She says she has been told he has to have them on the days during the week when they have stayed at night. Is she right? He has no home of his own. He lives with me. He cannot afford private rent. Surely it's her responsibility as if she has to leave work she has a home & will get benefits. Thankyou
Thank you for your question.
I think your question is bordering on employment law as well as family law. This link contains helpful guidance for your son about having to take time off work for his dependant children.
There are 4 parts to the guidance on 4 different pages (links at the top of page 1). If your son is already on a final warning then he should speak to ACAS, whom are a free service for employers and employees. Their contact details are on page 4.
In relation to the mother, it does seem unfair that she is unwilling to assist. Unfortunately she cannot be enforced to assist and she will say that she in relation to the shared care arrangement that your son is responsible in respect of the nights when they stop with him as part of the shared care that they have. Your son could perhaps look at making a referral to a mediation service such as National Family Mediation to see if the parents can both come to an agreement that would work.
Your son should also seek benefits advice himself - explaining that he does share care of the children and if he would be entitled to housing and support. The CAB should be able to assist with this.
You son should also check the Child Maintenance Service website to check if he is overpaying his maintenance - they have a useful calculator on their website.
Kind Regards
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Customer: replied 2 years ago.
so once my son drops the kids at school the mornings he has had them overnight, does it then fall to his wife for responsibility? You see before the school holidays I also collected the youngest from nursery on wed & fri mornings, but I am in poor health, so as of next week he will be in a kids club after nursery, not with me. She has also told my son he has to pay towards childcare fees, even though most is paid through tax credits.
Thank you for your response.
You do need to have set rules about this - if both parents are working it needs to be fair. If the mother is stipulating that if it falls on the fathers night then it is his responsibility - then this really does need to work both ways - thus when it is her night she needs to be responsible.
If your son is only on a low income and has no assets - then he needs to pay his maintenance only.
Kind Regards
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