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help
#1
I've just found out that my wife has been having an affair, I have not told anyone yet, she does not know I know the details. She had left the home 2 weeks ago to live ''at her mothers'' and I'm worried about how to manage things.
We have a 7 year old daughter and have agreed to share contact 50 50.
We were living together in a house that is in my name and mortgage in my name too.

I'm not sure that I should apply for residence.

The guy she has had an affair with has been thrown out by his ex fiancé they have 2 children and been together for 8 years. He has been violet to her and the police have been involved on occasions, I worry is my child safe with then?
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#2
(08-08-2016, 10:08 PM)paul smith Wrote: I've just found out that my wife has been having an affair, I have not told anyone yet, she does not know I know the details. She had left the home 2 weeks ago to live ''at her mothers'' and I'm worried about how to manage things.
We have a 7 year old daughter and have agreed to share contact 50 50.
We were living together in a house that is in my name and mortgage in my name too.

I'm not sure that I should apply for residence.

The guy she has had an affair with has been thrown out by his ex fiancé they have 2 children and been together for 8 years. He has been violet to her and the police have been involved on occasions, I worry is my child safe with then?

The bad news is her having an affair has no bearing in law on child arrangements. Unless there is evidence the child could be at risk, you can not stop him being present with her, regardless of if she is the Resident Parent or in a Contact situation.

The deciding factor most things is Child Benefit, as whoever gets this can claim for the child (Tax Credits and the Occupancy counts for Housing Benefit number of rooms/Bedroom Tax). The other has to pay Child Support, what considers income, if other dependent Children and then creates a reduction based on how much staying contact (the none resident parent provides during that time). The child support amount is a contribution towards normal day to day costs the Resident Parent pays.

You will have to attend Mediation, but their agreement or any you work out yourselves can not be enforced, it can only be evidenced if it goes to court, as the starting point to show what was agreed to. You need their "deadlock" letter, or letter saying she did not attend, to file a court application.

Currently your case for Residency is better than your ex, as you can provide a home. As a Resident Parent, you need to provide a bedroom for
1, each single person or couple over 16
2, 2 children of the same sex can share a room
3, 2 children not the same sex can share a room until 1 of them is 10.

How many bedrooms rooms does the place your ex is staying have?

Due to welfare reforms, the guild lines in a contact situation have changed, so people are no longer expected to have spare bedrooms, just used for contact. Therefore its acceptable for a child of the same sex (or under 10 to have their own bed, but in the same room as a parent. Use of living rooms is acceptable for contact.

If your looking at shared care, the key to it is to exceed 175 nights a year for both parents, to limit Child Support the other has to pay. Normally you have school term time arrangements, and school holidays, what even in a typical contact situation, you get half of if you ask a court.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
guys sorry for changin sunject but its sorta long the same lines.. ex ran off blah blah blah my daughter is only 18 month still. im just wanting to ask if any can gimme advice and tips for court because im about to attend without solicitors o have handed in my c100 contatc and c1.. ido want to get her on overnights (residence order?) what else advice whys could you give?? thanks guys anything would help!!
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#4
(08-11-2016, 06:51 PM)chris1216610 Wrote: guys sorry for changin sunject but its sorta long the same lines.. ex ran off blah blah blah my daughter is only 18 month still. im just wanting to ask if any can gimme advice and tips for court because im about to attend without solicitors o have handed in my c100 contatc and c1.. ido want to get her on overnights (residence order?) what else advice whys could you give?? thanks guys anything would help!!

Normally until a child is 2, staying contact does not happen, its more like 4 to 6 hours every week, over 1 or 2 days.

From 2, the normal is at least Friday till Sunday, every 2 weeks, and up to half school holidays.

While money changing hands has no bearing on Child Arrangements, once arrangements are in place, staying contact will reduce child support.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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