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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1442
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Looks very likely my wife and I will be formally separating

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Looks very likely my wife and I will be formally separating soon. I am father to our daughter of 5 and two teenage stepchildren - we have been married for six years.
I was sure we could separate amicably but I am less and less convinced that is the case; I have prepared a parental responsibility order though not yet signed. However my question is this if you would be so kind- my wife seems happy to sit in a separated state, but I want her to have no further claim on me for any longer than is absolutely necessary. Would it have any bearing on my chances of better than average access and custodial rights to my daughter if I petition my wife for divorce; I was advised at a free legal consultation I had a while ago that I could petition on the basis of desertion from the marriage and I have plenty more ammo since
Thanks in advance!!
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- where you married to your wife when your daughter was born?
- how involved are you in respect of your daughters day to day care?
Kind Regards
Customer: replied 2 years ago.

Hello there - yes she was born in wedlock. I currently do the majority if the childcare as I just got made redundant too..but I am completely involved, in fact I am, my daughter's day to day in terms of running her schedule, food and day to day care as my wife works all the hours the wine bars are shut. hehe

Thank you for your response.
You already hold parental responsibility for your daughter by virtue of being married to her mother when your daughter was born.
Arrangements for children are dealt with separately from divorce proceedings.
It is the courts view that children have a right to have a good relationship with both of their parents - unless there are child protection concerns.
It is encouraged that parents set their feelings aside about each other and try to amicably agree the time that their children spend with their parents. There is no reason why a shared care agreement could not be possible if this is possible to facilitate and meets your daughters needs. If matters can be agreed then there is no need for a court order.
If, however, the time that your daughter spends with both of you cannot be agreed then you should consider referring the matter to mediation. Mediation will try and help you agree a schedule in respect of when your daughter will spend time with both of you. Children really do benefit from having a schedule and knowing when they will next spend time with the other parent.
If matters cant be agreed at mediation then an application could be made to court for a child arrangement order. Court Form is C100. Court fee is £215. Send to local family court. The court will then make the decision for you based on your daughters welfare.
An application cannot be made to court until mediation has been attempted.
In respect of your teenage step sons - the court will give high regard to their wishes and feelings in whether or not they want to spend time with you.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
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