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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1165
Experience:  LLB (Hons)
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Assistant: How can I help? My daughter as recently been left

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Good morning
Assistant: Hi. How can I help?
Customer: My daughter as recently been left be her husband and now living with me her mum and dad she's got no job as she looks after there young children she is worried about losing custody of her children do you please have any advice on this matter
Assistant: What steps has your daughter taken? Has she filed any papers in family court?
Customer: No not yet she the husband only left yesterday
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Featherstone West Yorkshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you she is obviously very upset and worried as am I and her mother

Hi, I'm Lea and I have reviewed your query.

 

Did your daughter and her husband own or rent their property? Do they have any shared assets? Are they intending to divorce?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 12 days ago.
They rented and all the assets are in the husbands name i believe
Customer: replied 12 days ago.
Yes he intends to divorce

Why does your daughter think she will lose the children? Has her husband threatened to take them?

Customer: replied 12 days ago.
Because she's back at home with me and her mother she's got no money because the husband kept in control of that and yes he wants to be able to take the kids when he wants to
Customer: replied 12 days ago.
She's not even got a debit card for the bank

Firstly, your daughter is entitled to ask for maintenance for the children, and if her husband refuses, she dan apply to the Child Maintenance Service. She can find their contact details here: https://childmaintenanceservice.direct.gov.uk/onlinerevive/public/contact-us-client

 

I would suggest that she phones them sooner ratehr than later as they won't backdate payments - they assess from the day she calls them.

 

Secondly, if he is going to divorce her, she can apply for a maintenance pending suit, but this has to be done once the divorce petition has been issued. Of course she can always petition for divorce herself and make an application for a financial settlement.

 

There is also the option of her applying for an occupation order in order that she and the children could return to the family home.

 

Does that assist?

Customer: replied 12 days ago.
But she hasn't any income to pay for the running of the house he's said that he will pay the rent each month but my daughter must pay for the rest on her own
Customer: replied 12 days ago.
Also can he just have the kids as and when he wants

She will be entitled to benefits if she has no income and he is not paying her anything. She can find out what she is entitled to here: https://benefits-calculator.turn2us.org.uk/AboutYou

 

Benefits will help pay the rent too.

 

As they both have parental responsibility, they can both have the children as and when - but it is better for the children to have a set pattern when they will be with each parent.

 

Please accept and rate the response positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions. Thank you.

Hello, can I ask that you kindly return to the site to rate positively for the assistance that you received as that is how I am paid for my time. Thank you.

SASH_Law and 4 other Law Specialists are ready to help you

Thank you.