How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 36790
Experience:  Over twenty-five years experience
Type Your Family Law Question Here...
Thomas Judge is online now

My wife and separated in February last year, she said she

This answer was rated:

Hi, my wife and separated in February last year, she said she didn’t love me anymore and that she was leaving. At that point we agreed that we would have joint custody of our two children and this initially meant that I had them 70% of the time as she promptly jumped into a socialite lifestyle. From September last year this settled into a one week on one week off routine with the kids although they have spent slightly more time with myself. Now out of the blue my wife has decided she wants to spend more time with kids and wants to have them 10 nights and me to have them 4. This i feel is more to do with money as she wants to claim more benefits because I claim child benefit for my daughter and she claims it for my son ( as this was the fair compromise we agreed on ). A few months back she had asked me if I would sign my daughter back over to her so she could claim more universal credits (but to keep the same living arrangements) which I refused as having Evie in my name was my security for the joint custody. I am a full time student (I am 43) working a part-time job as a trainee teacher so I get student finance. I need to know my rights as my kids are my life, I would happily have full custody of them but I wouldn’t have dreamed of doing this to her. The kids tell me she takes them to the pub most evenings after school when she has them so she can see her friends and that they have a babysitter at least two nights a week when she goes out. My view is if she really wants to spend more time with them then she should do it on the weeks she has them! Please help!
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No everything we have done to this point has been done out of court!
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I don’t, I live in Sc**thorpe north Lincolnshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I can’t think of anything

Let me see if I can help and please rate 5 stars. As you both have parental responsibility you both have equal rights to the children. As such you can insist on a continuation of the one week on one week off arrangement. If she will not agree then I would suggest that you may wish to obtain a formal court order on a form C100. I would be thinking about making to application straight away and maintaining the current arrangement. I have to help you attached a link to a great book

It is often better to have a solicitor act (we can also write to her) and if you want a call either today or tomorrow then take the call option and I can do that for you. Please rate 5 stars

Thomas Judge and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi, many thanks for your response, I will get the form and get things moving, a call would be great, anytime tomorrow that is convenient.

If you take the telephone option then I can arrange a call.