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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I want to separate from my husband but he will not let

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Hello I want to separate from my husband but he will not let me take the children. Can I fight for joint custody while I am still living with him and how would I go about it
Hi, thanks for your question.
What are the plans for living arrangements? Are you or is he planning to move out of the property?
You can make an application for a child arrangement order for the children to live with you, and for the children to spend time with their father. The court can also consider making a shared child arrangement order for the children to live with both of you at different times by agreement.
Initially you would need to refer the matter to an independent mediator (you can search for local ones here: ). If mediation does not settle the issue you can then make the application to court for a child arrangement order under form C100 to your local family court, together with a £215 court fee.
Please let me know if you have any further questions regarding this.
Harris and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
I am planning to move out. My children get disability living allowance which is currently in my name. Who would get this if we got joint custody.
This would need to be agreed - if they spend exactly the same amount of time with both of you then it would be expected for you to continue to receive the benefits as you are currently receiving them.