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Category: Family Law
Satisfied Customers: 1689
Experience:  Expert
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Just going through a separation and my wife is refusing to

Customer Question

Just going through a separation and my wife is refusing to allow me to see our children if I don’t help stay late 10-11pm so she can work.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: No not yet.
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: Dorset. So beleive it’s Weymouth.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so.
Submitted: 18 days ago.
Category: Family Law
Expert:  MARTINT330 replied 18 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 18 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 18 days ago.
My wife is a self employeed sales rep. She does 3 appointments a day. 10,2,6. 5 days a week and every other weekend.We have no separated. And trying to agree child pick ups from school. I have offered the following.Tuesday and Friday wk1
Tuesday Thursday and Friday wk2
Then having them alternating weekends.I originally offered to stay late in our house on the Tuesday until she gets home which is or can be around 10-11pmI have since said I’m not able to do any more due to work commitments and also can’t do the late evenings.She has now turned around and said don’t worry about any she will sort all child care and I can only see the kids every other weekend.
Expert:  MARTINT330 replied 18 days ago.

In that case, you may apply for Child Arrangement Order online or by paper. There are different procedures for either choice.

If you want to apply online, you can do this here: CAO Online Application

If you want to apply by paper, follow these steps to apply for a court order using a paper form:

  1. Read guidance CB001 on making an application.

  2. Fill in the C100 court form. You must show you’ve attended a meeting about mediation first.

  3. Send your original form and 3 copies of it to the nearest court that deals with cases involving children.

Expert:  MARTINT330 replied 18 days ago.

Is there anything else I can help with today?

Customer: replied 18 days ago.
We have a owned house together. Originally I owned for 5 years previously. Shared the mortgage for the past 7. Where would I stand on selling it and the split of the equity?
Customer: replied 18 days ago.
With regards ***** ***** child cover can she refuse me access to do pick ups? And use the sewing the kids as blackmail so she can still work doing her job?
Expert:  MARTINT330 replied 18 days ago.

The starting point for dividing the assets in divorce is 50/50. However, the financial settlement will usually be different in every case as it depends on the parties’ circumstances and their needs. Some factors that will be considered in the division of your assets are:

(a) the income of each party;

(b) the financial needs of each party;

(c) the conduct of the party before the marriage (i.e. is one guilty of adultery)

(d) age

(e) contributions made to the property.

In your case, if it was jointly acquired, both of you may need to agree on how to divide it. Usually, parties agree on buying out one's interest or have the property sold and its proceeds are divided.

Customer: replied 18 days ago.
even though I owned it on my own for 5 years paid the deposit etc. it would still go 50/50 more than likely.
Customer: replied 18 days ago.
Also the only way to formally do the child care arrangements would be court order.And the messages I have between us would be evidence I guess.But she has no right to stop me seeing the kids or anything as it stands.
Expert:  MARTINT330 replied 18 days ago.

Yes indeed.

Customer: replied 18 days ago.
too both questions.
Customer: replied 18 days ago.
Expert:  MARTINT330 replied 17 days ago.
Only for question 1, if you have an agreement regarding division of the asset this will greatly assist. May I ask is the division of the house or property in contention?
Customer: replied 17 days ago.
Don’t know. We haven’t spoke about it in detail only we will need to sell it.
Expert:  MARTINT330 replied 17 days ago.
I see. It would be advisable to have a discussion regarding the division. If amicable agreement is reached record evidence of this in some form or fashion. Preferably in writing. Whist it may be amicable now this may not be the case later. It is best to have evidence.
Expert:  MARTINT330 replied 15 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.