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JeremyT1020
JeremyT1020,
Category: Law
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Do you have a divorce lawyer to answer the question pls?

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Do you have a divorce lawyer to answer the question pls?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: nothing has been done
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 they live in?
Customer: Nothing has been set yet. My soon to be divorced husband wants my kids 50% custody. His liver is 3 x over the normal level, he has physically abused me and my son so that we have a socialworker and has taken drug/oreded. I'm scared for him to have custody of my 5 yo 7 year children 50%.
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 that's it thank you. Can I sign up for the £ 5-week trial pls?
Good evening and thank you for your question. I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter.I'll need a little additional information to fully answer your question. Have you or your husband currently left the matrimonial home? Are you the main (primary) carer for the children? Is your husband working?Thanks, J
Customer: replied 18 days ago.
Hi, he is staying at one of my parents' empty properties. They think he is staying there as he is doing so e work for them. The property is only a 10 mn walk away. He had a hair transplant so was unable to go onto his site without a helmet and thus couldn't work. He is now back at work yes. I work too and unfortunately earn approx £1k more than him a month.
Customer: replied 18 days ago.
I am looking after the children solo. He does see them but they have stayed with me 95% of the time.
Hello again and thank you for your reply. I'm just reviewing your answers.
Customer: replied 18 days ago.
thank you. I'm ready for your answer.
The children have a right to have a relationship with both parents, however, there is often a person who is the prime carer. That parent will make the children available to spend "reasonable" tike with the other parent. If there is a chance that the other parent could compromise the children's welfare and cause them harm, the court will take a cautious approach as to how and when the children spend time with that parent.In your situation, the alcohol and recent domestic abuse are clearly factors. In the circumstances, I cannot see a situation whereby a court would order anything other than the status quo - i.e. the children remain with you and spend time with him (subject to assurances) occasionally.
I think you should probably resist any calls by him to share care of the children.
Customer: replied 18 days ago.
he ordered drugs last year to be sent home during the pandemic. Crazily the postman delivered to me an unnamed package and I opened it. It stank. I demanded he told me who sent it or I would call the police. He told me. Should I be sharing that with the court? He hasn't been violent with me since 2019 when the police asked me to go to hospital as he had twisted my frozen right shoulder. I was severely bruised. The hospital told me then that I should leave him and he would kill me! but he did drop my 4-year boy on the head a she was just being boisterous while my husband was reading with my daughter. Not adult-like. The School headmistress rang us both. Hence social services became involved. Does it make a difference that he has left to one of my parents?
Customer: replied 18 days ago.
one of my parent's properties.
Customer: replied 18 days ago.
sorry last but not least, how would it work financially pls.
Customer: replied 17 days ago.
Hi can someone pls pls answer my questions?
Customer: replied 17 days ago.
As in should I tell the courts re his drug ordering and how will it work financially if I was to have the kids for 90% of the time pls?

Hello again.  I'm often only available in the evenings on weekdays so I'm grateful for your patience.  You should share information with the court if you genuinely believe it has compromised or is likely to compromise the children's welfare and cause them 'significant harm.'  From what you describe, there are a number of incidents from drugs to being unable to effectively care for the children.  The court will also be aware of the Social Services intervention - as I said, I cannot see a situation whereby the court would order anything other than the children remaining with you.

If you have the children 90% of the time, your husband would be liable for child maintenance.  It's based on his gross income and how many nights he has the children.  From what you describe, he'd be paying the full amount as he wouldn't be seeing the children more than 52 nights a year.

Good evening. I note I haven't heard anything further from you for several days so I trust you're happy with my answers to your questions. Please let me know if you need any further help, otherwise, thank you for your question and for using Just Answer. Kind regards, J
Customer: replied 14 days ago.
Hi can you tell me pls? If he was earning I g £45k -£60k how much shoe he contribute to the children pls?
I've calculated £686 per month based on a £55k gross income and seeing the children less than once a week. The income parameters you give (44k - 60k) are very wide. I've attached the link: https://child-maintenance.dwp.gov.uk/calculate/details/will-you-be-paying-or-receiving-child-maintenance-payments
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