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TK Legal
TK Legal, Solicitor
Category: Family Law
Satisfied Customers: 235
Experience:  LLB, MCIArb
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Can I see my kids if I leave my wife, Just talking to agree

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Can I see my kids if I leave my wife
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Just talking to agree mutually but my wife states if leave I can’t share the care
JA: 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: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am in a same Sec relationship and married. We concieved the kids though ivf in 2012 and although I did not carry the kids I believe we have joint resposibilies
Hello dear! You have the same parental responsibility as your wife has. You both will be able to share residence and it is still the same right when you leave the house. If she does not agree, you can always go to a mediator or the court for an order.
Here is a useful link for you: https://childlawadvice.org.uk/information-pages/residence/
Customer: replied 6 days ago.
Thankyou. If I move out on Friday as I am struggling to cope with the arguments in the house. I have asked to see the kids Wednesday evening to Saturday but she feels it will be to much change for them and I am just thinking about me, I’ve asked for a suggestion but not been given one. I don’t want to affect the children and want to see them for half the week which I feel is reasonable. She also wants maintenance as she works less hours and to remain in the house and won’t move out as another option so i don’t feel I have a choice but to leave as I can’t cope. What happens if I live out and she refuses to let me see them as she claims it’s to much for them. How long does it take to get it legally sorted
Customer: replied 6 days ago.
I have found a letter online that It suggests you use outlining your days you would like and if she doesn’t agree to go to a solicitor for a family meditator
Customer: replied 6 days ago.
I feel I am being reasonable renting a property for a year initially so we don’t have to sell the house to provide some stability for the kids and as she can’t afford to pay rent on another house but could afford our morgage which is much lower due to the equity
Customer: replied 6 days ago.
Sorry I can’t call right now as too many people in the house

Don't worry about the call. It was automated by JustAnswer, not by me.

If you have shared residence, then you do not have to pay towards the child maintenance. However, you can pay some towards the spousal maintenance. If you move out and she is on low income, she might also be entitled to state benefits as a single mother.

I have attached a template residence letter which you can amend according to your need. If this does not work and you can't come to an agreement, you can always take the help of a mediator as I previously mentioned.

Here is the link to find a mediator: https://www.familymediationcouncil.org.uk/find-local-mediator/

Court should always be the last option.

I totally agree with you. You are being reasonable and fair.

Speak to her and say whether you can come to an agreement.

I hope that helps. I would appreciate if you could take just a second to provide a 5 star rating (at the top right of your screen). I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful.If you need anything further, I am available for a follow up at no extra cost.

TK Legal and 3 other Family Law Specialists are ready to help you

Thanks for the rating. Much appreciated.

For future information, please start your question with ‘For TK Legal’.

You can always link to my profile for another question at a later time.

https://www.justanswer.co.uk/law/expert-tkabir/

Have a nice weekend!

Kind regards, T.K.

Customer: replied 6 days ago.
Thanks so much. It has been really helpful and you have reassured me.

You are welcome. Take care !