Ask a Law Question, Get an Answer ASAP!
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.
Why does your daughter think she will lose the children? Has her husband threatened to take them?
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?
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.