Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-What property, assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
-Has there been any social services, police involvement or domestic violence?
Thanks. Are you both back in the UK now?
Does he have any money left from the sale and any other assets?
Thanks for confirming. If you move out with the children you will need to present to your local authority housing office as homeless and they will assess your application and decide whether they have a duty to assist you or not. If they do, they will likely place you in temporary accommodation initially until somewhere more permanent is found. You will need to apply for the relevant benefits you would be entitled to, including child benefit, tax credits, jobseekers allowance and housing benefit and child maintenance from the father if the children remain with you.
In relation to the children they have a right to a relationship with both of you which can only reasonably be restricted if there are welfare concerns. It would be expected that the children continue to see their father.
In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order (for the children to live with you) and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
It will not impact you in anyway if you present as homeless - the local authority will investigate the reasons for the homelessness and as long as you are eligible they will assist you - it would be easier for you to go down this route than to spend your limited savings. In any event it is likely that the deposit for any private tenancy will use up your savings.
The C100 is for child arrangements and who the children live with and what time they spend with each person. Once an application is submitted the court allocates a CAFCASS officer to speak to both of you and do background checks with social services and police, and then make recommendations to court. Given the ages of the children, they are too young for their views to be given to the court.
No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris