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Category: Law
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I need some legal advice around family law issues in the uk,

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I need some legal advice around family law issues in the uk
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No United Kingdom
JA: What steps have you taken so far?
Customer: The is the first step
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am separated with 2 children living with their mother in a home I have joint tenancy on
Good morning and thank you for your question. I'm a solicitor specialising in divorce and separation. Perhaps you'd be kind enough to let me know what your problem is so I can assist you. Kind regards, J
Customer: replied 8 days ago.
My wife and I have separated, there is alsorts of reasons to why this happened. I left the house in which we have a joint tenancy and I have moved 342 miles away we have 2 children together and she is:1. Refusing to speak to me in relation to the children.2. Not updating me on the children and costs for school trips3. Not willing to discuss child maintenance payments (I don’t work and on benefits I have offered £40 a month which is more than would be the case going through the government) she doesn’t think it’s enough.4. I want to see my children on Father’s Day weekend. I can’t afford the £250 round trip to see them and bring them to where I am living at the minute as it’s a lot of money for a weekend. She says she is only responsible for picking them up not dropping them off to me. So I said that as it’s a joint tenancy I would stay there for the weekend which I believe I have the right to do. She is saying no way to that.What can I do
Hello again and thanks for the additional info.1. A court would always expect you to maintain good communications regarding the children. I know this can be more hopeful than it is realistic, however, you need to keep a channel of communication open, be it email or a separate phone. As sad as it is, she doesn't actually have to verbally communicate with you but she must should always keep you updated if there was major event/incident involving one or more of the children.
2. You may have to ask the school directly for this information. Most schools now have an online parent portal with mobule push notifications about parent evenings, school reports, trips, etc.
Customer: replied 8 days ago.
Can the school split the cost between 2 parents
3. If she doesn't think it's enough, let her apply to the CMS. At the end of the day, it's her prerogative to do that. Or you can do it.
4. She's not under any 9bligation to bring the children to you or even halfway I'm afraid. A court would encourage it but not order it. If you moved back into the joint tenanted property, you risk her calling the police or her obtaining an emergency injunction to prevent your return.
The cost could be split. You'd need to speak to the school.
Customer: replied 8 days ago.
How can she do this when I have a legal right to live in the property
She simply claims that she is either scared of you and your return or the police intervene and threaten to arrest you for breach of the peace.
Believe me, I've seen this dozens of times before.
Customer: replied 8 days ago.
She is the one who has been threatening towards me with violence and have abused me emotionally and financially for years
You may have a legal right but those rights can be temporarily superceded by an occupation order or the criminal law.
Customer: replied 8 days ago.
If I moved back into the property could I also get her removed if she became threatening verbally or physically
Potentially. Bear in mind that you moving back into the property may trigger her to getvan emergency injunction.
Customer: replied 8 days ago.
Under what grounds?
Customer: replied 8 days ago.
She is not caring for my children probably I am concerned about them and want to stay there to ensure they are looked after
Customer: replied 8 days ago.
The other night there when I asked about the children she went to them both asking “am I looking after you” “are you happy” “do I love you” this isn’t good for children on 14 and 10 to have this happen to them
Customer: replied 8 days ago.
OK, well you could run that argument. I honestly suggest you need to appoint a solicitor if you're thinking of making an application for an injunction against her or a children act application.
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