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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4774
Experience:  Owner at James Bruce Solicitors
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Im having issues with my chidrens father with regards to

Customer Question

Hello im having issues with my chidrens father with regards ***** ***** agreement. He has past history of violance I have allowed access but he is dictating to much amd wants the benefits of 50 50 but without having 50 50 access
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No they habe sent a family agreement with their terms but i do not agree with all of them
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: England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  james bruce replied 16 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

how may I assist?

Customer: replied 16 days ago.
What rights does he have? Can he decide what dates he has the children he says it varies because of work, but because i work for myself he says i can pick amd choose amd work round him
Customer: replied 16 days ago.
He gives me a months notice with the dates but i run my own buiness amd book clinets in advamce
Customer: replied 16 days ago.
Also saying i need to do one journey when they are in his care such as drop them to him if i dont he will charge me petrolI think its reasonalble fpr him to pick up amd drop off as i work around the childrens scool runs clubs etc
Expert:  james bruce replied 16 days ago.

First of all, is he listed on the birth certificate?

Expert:  james bruce replied 16 days ago.

Also are there any court orders in p,ace?

Customer: replied 16 days ago.
he is
Customer: replied 16 days ago.
No orders in place
Customer: replied 16 days ago.
He also lets other people look after them when jts his weekends
I have said if he camt have them then they are to stay home he says its nothing to do with me where they go in his care, which i would understand if he was 50 50 but he has limited time and should spending it with the children
Expert:  james bruce replied 16 days ago.

Ok, then as things stand he does have full equal rights.
It is always best to try and reach suitable agreements on child arrangements where possible.

As far as benefits are concerned, either or both parents can put in to claim these, but, on,ha one parent will receive the payment. If both our in a claim, HMRC will look at the claims, and would normally award to the parent who has the majority of the care.

Remember, You can also put in a claim against him for child maintenance.

If or when it is his turn to have the children, there is no need on your part to take them either way, He can make both journeys. However, it could be a good gesture that you each make one trip.

Customer: replied 16 days ago.
He trashed my house was charged and had a restaining order also has a rocky relationship with my 8 year old because how he has treated them in the past.Ive bee.. Pre than fairbut
Customer: replied 16 days ago.
He pays child maintenance but that keeps changing amount
Expert:  james bruce replied 16 days ago.

Child maintenance should be a fixed amount. If he keeps changing that, then complain officially to the agency.

The alternative the child arrangements is to take formal mediation. If he refuses, then a child arrangements hearing can take place at court. The court will then decide how and when visits will take place and how often.

Customer: replied 16 days ago.
Would he ever be able to take my chidren away or refuse to give them back if he has equal rights
Expert:  james bruce replied 16 days ago.

With joint parental rights he could try that.
This is why to be honest, when there is a split, it is often better to have a child arrangements order in place, it gives legal certainty.

Customer: replied 16 days ago.
maybe if i reply to there agreement with my requests....See what happens if we camt agree then go to mediation
Expert:  james bruce replied 16 days ago.

That would be the best way forward to start.

Expert:  james bruce replied 16 days ago.

Can I assist or clarify anything further?

Customer: replied 16 days ago.
Who has residency? Im primary carea, but does that mean he can have the children when ever he wants? If he has equal rights
Expert:  james bruce replied 16 days ago.

Joint responsibility can mean equal custody. But that would be for a court to sort out.

Customer: replied 16 days ago.
Ok
Expert:  james bruce replied 16 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 16 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.