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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My son has not lived with his wife and two young children since

This answer was rated:

My son has not lived with his wife and two young children since June 2013 due to him being mentally and physically abused by his wife. However, he is paying child maintenance as instructed by the CSA. Unfortunately their separation has not gone through the courts but now she is refusing him access to his two young girls even refusing him to speak to them over the telephone.
My son believes he will be able to start divorce proceedings once he has not lived with his wife for two years which will be June this year. My question to you is if the information he has been given regarding divorcing her correct and what can he do in the meantime to have access to his children?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
Customer: replied 2 years ago.
Both are girls
The eldest is 6 years old born on the 20th June 2008.
The yongest is 2 years old born on tge 13th May 2012
What contact has your son had with the children?
Customer: replied 2 years ago.
There hasn't been fixed day/times, he has taken them to dancing glasses and their swimming classes. The youngest just goes along with her sister and daddy. There has also been a period of time when they were allowed to stay with their daddy who lives here with me and his dad (my husband ) but that stopped a few months ago due to an argument I had with my daughter in law. ( she stopped them coming here). However he was allowed to take them to the cinema and out for lunch on a Sunday. It is only the last couple of weeks since all access/contact was stopped. The situation is very difficult and does get quite heated which results in my son refusing to speak to his wife via the telephone, he has to be very careful if he goes to the house as she is quite aggressive towards him.
There are two issues here.
The first is the children.
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary
Your son should try and discuss this with his ex using Family mediation
If/when that fails he can apply to the courts for a Family arrangement Order setting out the time the children spend with him - alternate weekends plus an evening in the week and up to half of the school holidays is achievable.
With regard to the divorce your son can only apply for the divorce base don two years separation of his ex agrees.
however there is nothing to stop him applying for an immediate divorce based on her Unreasonable behaviour - she doe snot have to co-operate with that and unless she wishes to spend time and money defending it then it will go through
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you