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 JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4985
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

My wife and i are getting divorced but still living

This answer was rated:

Hi my wife and i are getting divorced but still living together. I came home last night to an empty house as my wife has taken our son away
JA: What steps have you taken? Have you filed any papers in family court?
Customer: the divorce is underway, and we have had two mediation sessions
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: i live in west sussex,
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Do you know where your Wife is now living with your Son?

Customer: replied 4 months ago.
I believe she has gone to stay with her mum

OK, what is it you would like to know? contact arrangements with your Son? Or divorce issues?

Customer: replied 4 months ago.
We have applied for divorce, we have been to mediation and agreed joint custody of our son and have agreed which days we are to see him. We are currently still living together but i am moving out at the end of July. my wife has been not been notifying me when she has planned to take our son overnight. Last nighti went out for a couple of hours after our son was in bed and came home to find they had both left. My wife then sent me an email stating that she needed space and she has gone to visit her mum for the weekend. We live 2-3 hours away from her mum

Thanks, ***** ***** be an idea to formalise contact arrangements given the current agreement seems to be falling apart.

As their Father you have a right to see your Son and the family court will encourage this and for you to have an active part in his upbringing. The court will order arrangements for you to see your Son on specified days and for how long if you cannot agree this with your Wife. You would very likely be granted an order unless it would not be in your Son's interests to see you or if there has been domestic violence, for example.

You need to contact your Wife and say you will have to apply for a child arrangements order and if you are successful then you will ask the court to order she pays the cost.

If she continues to refuse or cause problems you need to contact a mediator again as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your Wife and if she refuses to attend then you are free to make the application to the court. To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your Wife attend. There will be a family advisor there from Cafcass and if arrangements can be agreed then a consent order will be drawn up.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 4 months ago.
thank you

No problems, if you can please click to accept the answer and give me a 5 star rating I would be grateful

Have a good day

JimLawyer and 6 other Law Specialists are ready to help you