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FAO Lawyer21 What happens to the kids do we get one each

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FAO Lawyer21What happens to the kids do we get one each they are 11 and 15
Customer: replied 13 days ago.
Do we get one each?

Hi

Customer: replied 13 days ago.
Hi

In terms of the children - if you can agree that would be better. They are of a age where the court would also wish to know who they wish to stay with etc. It has to be fair as you have every right to see both children.

The law states that you have a right to regular contact with your children.

 

As their Father you have a right to see them regularly and the family court will encourage this and for you to have an active part in their upbringing. The court will order arrangements for you to see them on specified days and for how long if you cannot agree this with your ex partner. You can also ask for joint custody so they live with you for part of the week if you wish.

 

If custody (shared or full custody) is to be considered then the welfare checklist of the child is relevant :

http://www.inbrief.co.uk/child-law/child-welfare-checklist

 

You need to contact your ex 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 to allow you more contact, you need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your ex and if she refuses to attend then you are free to make the application to the court. This is called “MIAM”, or a mediation assessment.

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).

 

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

Thank you

Customer: replied 13 days ago.
Seeing the children is not an issue but I am thinking that it is only fair if we had one each or is that not the case?

The court would not look to separate the children from another parent - if anything it would be shared custody and this may be the best way forward!

Meditation will certainly help before you make such an application to the court.

Enjoy rest of your evening!

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Customer: replied 13 days ago.
Thank you
Customer: replied 13 days ago.
Have a good evening

Many thanks

Customer: replied 9 days ago.
How much would I be looking at to get a lawyer approx. to defend my marriage if it goes it that direction please?

It is difficult to say the prices vary on person expertise and firm - numbers of spent - years of qualification etc.