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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 9107
Experience:  Barrister at law
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I divorced from my husband and he doesn’t help me with his

Customer Question

Hi my name is***** divorced from my husband and he doesn’t help me with his daughters. He is Brazilian and still waiting the answer about his docs to live and work here. I have Italian documents. I know he works as gardener but no contract and cash in hand. Is there anything I can do to make him share the responsibility with me? Or stay with the girls some days a week or help me with any amount a month?
JA: Where are you? It matters because laws vary by location.
Customer: watford wd172ab
JA: What steps have you taken so far?
Customer: I only tried to talk to him,show that I have my government help but some spends I need help like now that I work as employed but I have to pay a babysitter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: because of their school holiday
Submitted: 13 days ago.
Category: Law
Expert:  plclegal replied 13 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.

Expert:  plclegal replied 13 days ago.

Can you tell me how old your daughters are and whether there is any kind of formal agreement or court order in place currently for their care?

Customer: replied 13 days ago.
One is 3 years old and the other 6
Customer: replied 13 days ago.
I speak better by message
Customer: replied 13 days ago.
I am improving my English and by phone I miss some words
Expert:  plclegal replied 13 days ago.

I understand. Let me give you some general pointers here.

Please let me know if there any further questions after reading this response.

If at all possible, the parents’ best option is to try to agree arrangements between themselves, with the help of a parenting plan if necessary. A Cafcass leaflet and template for a parenting plan can be found here: https://www.cafcass.gov.uk/download/4365

If that doesn’t work, then the person who wants to go to court has to attend a MIAM, and if the other party engages, then mediation has to be tried before going to court. It is a legal requirement for anyone wanting to apply to court to attend a MIAM (mediation information and assessment meeting) prior to making their application to court. There are some exemptions to the need to attend, and those exemptions can be found listed on the court application form, so any applicant should check to see if they meet one of those exemptions. But for most parties, mediation will be required, and mediation can overall be the far cheaper and preferable way to resolve issues. The link to find a mediator is below.

If both the above fail, then court is the final resort. It really ought to be the final option and only used if absolutely no agreement can be reached. This is because court, frankly, tends to bring out the worst in people and often allegations come up which would not have been mentioned but for the court proceedings. Of course, if there is abuse in the relationship, court is the correct method of resolving issues as mediation will not be suitable.

The application for child arrangements is made on a C100, which is available in paper form and online, and the court fee is £232. If the applicant is on benefits/low income they may be eligible for fee remission and should see the link below for help with that.

The paper C100 application is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

The online C100 is here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

Parties can find a mediator here: www.familymediationcouncil.org.uk

Fee remission assistance can be completed online, the system will give a code that is placed on the application form, if eligible. See here: https://www.gov.uk/get-help-with-court-fees

The applicant MUST attend the MIAM before applying as the mediator has to sign the C100 form - this is a legal requirement before they can apply to court.

Expert:  plclegal replied 13 days ago.

I didn't hear from you again, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!