Shared Custody of Your Children

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Shared Custody of Your Children

What Is Shared Custody?

Shared custody means your children spend significant time living with both parents, rather than living mainly with one and visiting the other. You may also hear it called shared residency, shared care or shared parenting. These terms describe the same basic idea.

This differs from a standard contact arrangement, where children live with one parent most of the time and see the other on set days or weekends. With shared custody, both parents take on day to day care in their own homes.

The time children spend with each parent does not need to be an exact 50/50 split. Some families divide time equally, while others settle on a 60/40 or 70/30 arrangement. What matters is that both homes are genuine bases for your children, not just places they visit.

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Do You Have Parental Responsibility?

Before thinking about shared custody, you need to know whether you have parental responsibility. This is the legal status that gives you the right to make decisions about your child's upbringing.

If you were married to your child's mother at the time of birth, you will have parental responsibility automatically. However, if you married the mother after the birth, marriage alone does not grant you parental responsibility. You would still need to acquire it through a formal agreement with the mother, by being added to the birth certificate, or by obtaining a court order.

If you were not married, it depends on when your child was born and whether you are named on the birth certificate:

  • For children born on or after 1 December 2003 in England and Wales, being named on the birth certificate gives you parental responsibility automatically.
  • For children born before this date, or if you are not on the birth certificate, you will need to acquire parental responsibility separately.

You can get parental responsibility by entering into a formal agreement with the mother, or by applying to the court for a parental responsibility order. GOV.UK has detailed guidance on both routes.

Without parental responsibility, you can still apply for a child arrangements order, but having it makes shared custody arrangements far more straightforward.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

How Shared Custody Works in Practice

There is no single template for shared custody. Families organise things differently depending on work patterns, school locations and what suits the children.

Common arrangements include:

  • Week on, week off, where children spend one full week with each parent.
  • Split weeks, where children might stay Monday to Wednesday with one parent and Thursday to Sunday with the other, then swap the following week.
  • A 2/2/3 pattern, with two days with one parent, two with the other, then a three day weekend that alternates.

There is no standard arrangement that is considered universally superior. Each has its pros and cons depending on your specific circumstances. Younger children may find frequent transitions unsettling, while older children might prefer longer stretches in each home. Be prepared to adjust arrangements as your children grow.

Practical details matter. You will need to think about school runs, uniforms, homework, medical appointments and keeping spare clothes and toiletries at both homes. Clear communication with the other parent makes all of this easier.

Getting a Shared Custody Arrangement in Place

If you and your ex can agree on arrangements, you do not need to involve the courts. Many parents reach their own agreement and simply get on with it. Putting your agreement in writing can help avoid misunderstandings and, while informal, can provide a useful reference if needed later.

If you cannot agree, family mediation is usually the next step. A trained mediator helps you work through disagreements and find common ground. Most people are expected to attend a Mediation Information and Assessment Meeting before making a court application. You can find a mediator through the Family Mediation Council.

If mediation does not work, you can apply to the family court for a child arrangements order. This sets out where your children will live and when they will spend time with each parent. The court's main concern is always the welfare of the children. Judges do not automatically favour mothers or fathers, and shared custody can be considered by the court when it aligns with the children's best interests.

Court proceedings take time and can be stressful. Legal advice from a family solicitor can help you understand your options and prepare your case. If cost is a concern, some solicitors offer fixed fee consultations, and you may qualify for legal aid in certain circumstances.

Organisations like Families Need Fathers and Resolution can provide information and support throughout the process.

Whatever route you take, focus on flexibility, cooperation, and meeting your children's needs rather than what feels fair to either parent.

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Ask Separated Dads a Question
Flyme 08/10/2021 at 7:57 pm
My daughter and husband are going through a divorce and have verbally agreed to do 50% custody without involving solicitors due to costs . However the father is definitely not doing 50% or anywhere near it , but, refuses to pay any monies to my daughter for any of the extra expense involved . She also pays all of the mortgage , council tax , food , children’s clothing , and more I think , which she has done all of her married life . Can anyone advise on how she could get him to contribute more financially , re where to look and how to make him pay his share , as I said she can’t afford to employ a solicitor .
JB 03/10/2021 at 7:00 pm
My brother is now divorced he served the divorce based on unreasonable behaviour of his wife. They currently share the kids he has about 60 of the time. He has recently advised that we will no longer pay half the bills and she continues to get the mortgage paid and £1000 in benefits. In fact she Mets more than him since he pays mortgage. She didn't turn up to mediation and so court date has been set. Now she has received the letter from
Solicitor saying he not going to pay bills from October but will remain to pay the mortgage she has got really nasty- she says she want custody of the kids because it means he will have to give her maintenance. She isn't capable of having the kids, she has history of mental health issues and cannot cope with 2 kids full time. Medical record have her saying so. She only wants it because it comes with money!!
Does anyone have any experience or a judge awarding a mother sole custody when the father is keen to have the 50 if not more abs for the last year that's the routine they have been used too! The kids would be beside themselves if they didn't see their dad until the weekend. Sadly it doesn't look like UK law really sided with the Dad.
Roman123 28/08/2021 at 11:02 pm
Hi I’ve been with my wife for almost 4 years we have a 2 year old. Due to work circumstances of being let go from my company and as the only sole provider for the family I had to find a solution. I got a great opportunity abroad, during this year I discovered my wife didn’t want to leave the UK and it led her to having an affair. In order to salvage the marriage we decided to move abroad to stay as the family however after four months in my wife moved back and decided that she doesn’t want to live away from the UK, I’m currently in Abu Dhabi and I want to know the law on shared custody of my 2 year son whilst we are in two separate countries, please help stressed dad
Bernie 14/07/2021 at 10:17 pm
My 7 year old grandson lives with his mother (my daughter) but stays with his dad 3 nights a week but he only wants to go for 2 nights a week and gets very upset when his dad comes to pick him up can my grandson choose
Sue 12/07/2021 at 8:20 pm
My son has looked after my grandson for the past 14 months his mom just didn't want to know my grandson my son had to give up his job to look after him now because she has yet another boyfriend who has kids has decided that she wants my grandson in her life and is using my grandson as a weapon to manipulate my son
Dave 21/06/2021 at 12:27 pm
My ex partner won´t let me have my children more than i would like to, because she wants me to pay her, also she wants to claim the childrens benefit, she will ignore every message i send her regarding this
Mike 15/03/2021 at 10:30 pm
I have a problem, my ex wants me to have more days with the child and still wants me to pay child maintenance, she doesn’t want me to work
Hak 07/02/2021 at 9:40 am
Hi,

My ex and I (after 25 years) split November 2019, I bought her out of the family home and she moved out Feb 10 2020.
We have 3 children (daughter 23, son 20 and daughter 15). The older 2 live with me in the family home. My ex and I agreed between ourselves we would jointly/evenly share our youngest daughter between us - ie on a week on week off basis - Sunday to Sunday, no parent looks after our daughter more than the other.
I believe my ex has applied for Child Benefit and is now stating she wants Maintenance from me.

I would like to ascertain if she is entitled to claim maintenance from me considering we look after our daughter evenly, additionally I pay towards school uniform, school dinners, her mobile phone and a TV subscription, I also give my daughter pocket money whenever needed and purchase anything she wants (within reason!).

I am not sure where I stand with maintenance and I have been advised (by a friend) to apply for a Joint Residency Order.

I would be interested to hear your thoughts on this matter.
Billy 20/01/2021 at 2:57 am
Hi I have my children from sun though to Tuesday morning and from Thursday till Friday morning so they stay with me 3 nights this has been to court and as been awarded but my landlord the local council are saying that if the court order doesn't said joint custody I have to vacate my home which I have been a tenant for 20 years and was my home even before I met my now ex wife please could you advise many thanks very worried and stress dad
Jackson5 07/01/2021 at 10:42 pm
Hi Me and my wife have split almost a year now, she moved out and when back to her parents, she took my daughter who has autism, my little girl is 6 and she is a mute, my wife and her parents have been very controlling on how I she my daughter, they refuse for her to come home, as they believe this will confuse her until we sell the house, the current situation is one day a week with for a few hours either at the park or soft play I get to see her, but during lock down it’s been hard, I obliged because I wanted to see my daughter, but I’m only seeing her once a week for 5 hours the awful thing is my daughter is only use to seeing me as a person who brings her treats which isn’t good for her routine, there no domestic violence or alcohol issues, it’s my wife and her family being very controlling, I requested for mediation which she turned around and said no to, so she appealed to the courts for child arrangement I believe
She trying to push for me getting as little with my daughter, I wanted to know would I likely get split custody of my child.
Martin 30/12/2020 at 11:11 pm
Should my child's mum do half of the travelling, as in pick up and drop offs? I pay child maintenance, as stipulated. I have my children every other weekend, and some extra ones as well as half term and holidays. It's 2 hours drive (when there is not traffic), and I have done it for the last 5 years (picking the up Friday after school, taking them back Sunday when is convenient for their mum). Every time I have asked to meet, not even half way, it's a reason for her to have a go at me saying that I'm the one who decided to move 2 hours away.

Is there any regulation regarding this? I'm not asking for her to do all the way, but at least closer to the motorway.
Heather 22/12/2020 at 6:26 pm
Hi there,

I am seeking advice about myself and my kids. I have split with their father for over 6 years we have had shared care for the past 4 years but I need to go home to England to be with my family. I have no support or help here in Scotland. I have been told I need consent from the father but I know he will say no. I have bad depression and anxiety due to being isolated and alone. Myself and my kids would have a better life being in England. What can I do?
Help the bro 20/12/2020 at 3:49 pm
Hello, I am in need of some advice
For my brother. He has been separated from his daughters mum since she was born. Since she has been 3 months old they alternate 5 days each. She is now saying that that’s doesn’t suit her and the he’s only allowed
To see her at the weekends. She is pulling all the string like she is the boss. Also she is Constantly telling him that he has to pay and give her maintenance, surely if they have her 50/50 he doesn’t. And I believe this is why she wants to change the plan so that it doesn’t look like it’s 50/50 anymore and then she can ask him for money.
How would we go about getting shared parenting custody ?
Si 04/11/2020 at 7:48 pm
Hi, need advice regarding my son. My ex and I split nearly 2 years ago and she is now playing the soul career card! With the COVID-19 rules, what/when can I see my 15yr old son? And do I really have to ask her permission to see him, or can he make his own decision without going through her?
Sian 22/10/2020 at 9:03 pm
Hi really need some help me and my ex partner have been co parenting are 2 sons one 8 the other 6 we have been doing this for nearly 3 years, my oldest boy has always Be ferried to be with he’s dad they are like clones but I alway did my best to show him I love him and did nothing different with he’s old sister(different father) and he’s younger brother I’ve been married now for two years and my husband’s children live with us as well for the past year while my eldest son hets on with my step daughter he finds it really hard to get on with he’s blood sister and feels like he doesn’t get enough attention from me he recently has been getting a lot of anxiety in school and has been seeing someone in the school about it I have got in touch with cams and we are going down that route but my ex has said to me that maybe he should stay with him to see if his anxiety and the willing of him going to school improves smash it is killing me I really don’t know what is best for him
Ang 16/10/2020 at 8:24 am
What are the rules regarding my kids visiting my ex mow we are in tier 3 and can they stay overnight ?
Thanks
Little legs 15/07/2020 at 4:34 pm
My ex an I separated 5yrs ago and we had to children together 10 an 13. We have shared custody.
My ex has gone on to have two more children with her new partner.
The problem I am having is my two children are telling me they are unhappy living with their mum and crying on the days they have to go back to her, and asking to come an live with me.
Really not sure how to handle this.
Any advice would be grateful
Matt75 10/07/2020 at 5:11 pm
Should my child's mum do half of the travelling, as in pick up and drop offs? I pay Cs and have my child every 2 weeks but its a two hour drive one way for me and her mum won't drive half hour. I cant afford to do this.
Phe 08/07/2020 at 7:04 pm
Help
I get 2 days of work as I am a bus driver I work shifts, I always tell my ex in advance by 6 weeks my days of so she can plan things etc but now she’s being awkward saying I have to quit my job and not work because it doesn’t suit her life style and she wants to go to work and I should look after them wail she goes to work but still wants me to pay maintenance like I currently do but if I don’t work I wouldn’t be able to do so, and I’ve recently moved in with my partner who has 3 children and my ex is demanding I have my over night witch currently isn’t available due to my partners house and her children and now she’s saying if I don’t have them over night I’m
Not allowed to see them at all even though all my days off I get I have them all the time I can’t possibly have them any more as I don’t get any more days of please help!!
Kkkkk47263728 04/07/2020 at 3:52 pm
Hi i got a court order from my husband that he wants to take the kids for a few days my 14 years old doesnt want to go is this allowed will the court say that my child doesnt have to go
Marselle 30/06/2020 at 10:18 pm
Hello
Question about Shared residency.
sadly the children are being shouted at for wanting to see thier other parent ( parent 1) and that the parent shouting ( parent 2) cant move while they do.
Parent 2 wants to move 25 minutes away if no traffic but1 hour in traffuc ( school time)..

Covid and no school i think are being used as a stop gap to make the move happen.

Problem is the children change home every 24 hours its 1 day swap , 2 days then swap every other weekend. live half a mile apart now so thats easy.

The 12 year old wants to live with parent 1 already, but cant get anyone to listen.
The solicitor they went to see shrugged them off said come back at 13 ( that could be to late) .

The 12 year old does not want to live with parent 2 now or when moving.

They know which school and which friends they want to be with. Parent 2 is very mentaly abusive. At this time niether child -12 ( just going secondary) is in school due to covid, ages 12 and 7. Very worryung the 12 year old has said they won't go bk as the 7 year old will be open to mental abuse, arguments shouting.

12 year old does want to return to school but can't leave the youngest so as long as there is a choice it will be wants to stay home.

Why doesnt anyone listen to the children yet?

All because parent 2 works in child care they are given a free pass an automaric belief of good care.

All is not ok and if parent 2 moves thier lives will not improve due ro drink and realy not wanting them puerly for status.

This is ownership vs parenting. This is benefits vs working. This is rent vs risking homlessness. This is not a person who sees 2 children as having needs of thier own, They are owned.

What can be done please without a big court fight which had to happen just to place the children with some relief from how they have to live.
Court cases ( fights) are exhausting when there is a child that knows what they want.

With a residency such as this with only 1 extra night at parents 2 each week the residency is 4 nights a month away from 50/50.
Is this enough to block a house move?

I havent read any answers on here only questions, i can but only hope for a reply please.
Sam 22/05/2020 at 7:08 pm
My partner and I split last year jan 2019. I had two orders wrongfully served against me which prevented me from going near my property or communicating with my ex partner. I didn’t agree to the admissions made in court but agreed to the court order as my ex and her solicitor said I could see my son twice a week and they would get the house sold and me paid out. After the court date , my ex changed contact to once’s a day on Sunday for 6 hours. In the last 15 months , I have seen my son for a total of 2weeks! ... the orders have now expired, I still have no communication with my ex but she will still only allowing me to see my son once a week. I am self employed and work from home. I want to apply for joint custody of my son. Does anyone have an idea of how it works in this country and if a father gets these kind of rights?
Lee 20/05/2020 at 6:41 pm
If both blparents drive should it be shared between both parents of picking up and dropping our son to each others house as all I keep getting is, he lives with me you wanna se him you come get him, I also have to drop him off everytime aswell
Rich 10/05/2020 at 11:53 am
Hi,
I am the rare father that has the majority of care for our child. He lives with me full time and is due to start infants in September.
His mother is asking for a 50/50 arrangement when before now it's been every other weekend.
I live in Ringwood and she lives Salisbury which is a 40 min drive on a good day.
She doesn't drive so is reliant on buses or lifts. Please help, I've said that it would be impossible with that much travelling and the ability to get to school on time.
Gray 08/05/2020 at 10:05 pm
Hi, if anyone could advise please it would be amazing. Recently mutually separated and agreed on shared custody. I have worked from home and have cared for my 3 children since they were born. I wanted to care for them and be their for them after the separation and care for my children 60% of the time. My ex changed jobs from a 9-5 job which was practical and good for child care routines, to shift work, long days 7:15am to 8:30pm. I have worked out a routine so that the kids are not being dropped off and collected from me at unreasonable and undisruptive times for the children. When she went for the job she said they agreed to set days for her shifts and she agreed to get this in place. I am now having to keep asking her to get set days as she is giving me different shift days each week. basically I am having the children when she tells me i need to have them. I am also there for them when she has appointment etc, no questions asked. Am I entitled to have some kind of routine and life as she seems to be in a position to arrange her shifts to match her boyfriends. Thank you!
Tank 08/05/2020 at 5:51 pm
I need some advice. My wife has split up from me. I see my daughter ever day and she stops at mine on the weekends. My ex wife is saying that I need to have our daughter 4 nights one week and 3 the other. This is just not possible due to my work. What can I do. I have explained this but she will not listen. She just wants it her way it no way
Pj 14/04/2020 at 4:30 am
How can I go about to get 50-50 custady of my son when I gave his mother basically full control when he was born I have never been out of his life but the week end thing don't work for me I don't pay matinence as she gets the money for him a boy needs to be round their father more than time than Friday tea time to Sunday night when has to go back to mother
Ed 02/04/2020 at 3:57 pm
Has anyone got any idea about changing a court order during this crisis as to more access.
I want my son week on week off at the moment as not working during this crisi
Kerfonse 26/03/2020 at 8:04 pm
I'm in separation with my wife, we have a daughter and have agreed to go 50/50 shared custody. How Could we possibly get that done through court legally without solicitors involved?
Shazza 24/03/2020 at 8:24 am
My son and his wife split up last year and they have a little boy together they have shared custody will this be able to carry on now as these new rules have come into place to keep everyone safe I totally understand if he can not have his son as normal just need to find out the facts thank you
Sharon
Dave 24/03/2020 at 4:19 am
Hi,

Please can anyone answer the following question if possible. I currently live around 25 miles away from my children. For the past 3 years I have driven and picked my kids up from their moms every Friday and have taken them back either on the Saturday evening or sunday morning, however, with the latest news and rules set out by the government over the coronavirus, it explains that I would not be able to pick my kids up for the next 3 weeks plus. I am not a key worker, but can anyone confirm if there is something I can do to get around this matter?
Chris 05/02/2020 at 10:46 pm
@bernie.as I read these posts .i never payed child support or payed for schooling or Sporting clubs .or even (seen )the child .(sounds expensive ).i like to (think) I could be like that involved with the (child )sharing custody making memories with child . like some off my (mates do )and I do wish I could be like that and I am a (bit jealous )when I see my mates with there children it makes me (think) if I only went to (court all those years ago) that could off been (me And my child) .but in (reality) that is not going to happen for me my child is no (child anymore )and wouldn’t even( remember me in reality)it’s been over a (decade) .the child is most likely living in her own flat with boyfriend or friends bye now .oh well (it is what is )can’t live in the what if’s and differently can’t turn back the clock .
Bernie 05/02/2020 at 8:37 pm
I separated from my wife last year (she had an affair) we both work full time, i earn more than my ex, we both live in rental properties and we share custody 50/50, one week our 3 kids, (15,12 & 9) live with me the next week with their mother and so on, i have been paying child maintenance to my wife since May last year. This was a figure i obtained from the HMRC web-site and was not arranged via solicitors.
My question is should i actually need to be paying anything if we are sharing child care and sharing costs for after school clubs, uniform, clothing, food etc
any advice gladly accepted
thanks
Seany 09/12/2019 at 3:44 pm
I am currently going through a divorce and have two children with my ex. I have them every weekend unless they are on holiday with their mum and I have them on a Monday night for football training. I pay for them all weekend pay her over and above what she’s entitled too in child maintenance and pay their hair cuts etc we have days out and they are well looked after in my home when their with me. But then Christmas comes and she gets awkward. All I’m allowed is two-five hours Xmas day, never a Xmas eve or a full day any day, even Boxing Day to celebrate it. Is she allowed to do this ? Is it my right for it to be shared 50/50 on special occasions ?
Mac 10/11/2019 at 8:16 pm
My ex is trying to force me to have 50/50 custody with my son as much as I’d love to have him 50 percent I can’t because I work full time. She says she’s going to take me to court over it but surely the courts cannot make me have him 50/50 as this would then make me unemployed?
Rohi 08/10/2019 at 11:04 am
I am divorced, have 4 children between 18-8 years old. Now, the children are living with there mother and she is getting the children benefits and the housing benefit, she is on universal credit.

The mother and I agreed to go 50/50 child custody. So I have to rent a bigger house.

My question is: who is going to get the housing benefit and the child benefit? How is the state benefits is going to work between us?

Thanks
C.laurie 07/10/2019 at 6:04 pm
@nes.i have a personality disorder been diagnosed .i can go from zero to high on the violence in a snap on finger and feel no remorse .I can spent all my time bye myself and be content.it’s no fault off my own it is genetics my whole family have it .thats why It doesn’t bother me not seeing my daughter .and the reason I read things like this blog so I can understand other people emotions.but deep down I don’t have emotions like a normal person I fake it to “get bye “.like for example most people will fall in love with someone or something where (I can’t )I can mimic them but deep down if I have no use for you it’s goodbye .
Nes 07/10/2019 at 3:21 pm
My son separated from his partner earlier this year, he walked out from an argument and 2 days later was thrown out of his home with some of his belongings, I've been blamed along with every member of the family for the split, my son has been in a verbally abusive relationship for 7 years and had learned to deal with it for the sake of their 2 children, being away from her he's realised just how controlling she was, every little thing was scrutinised every decision was made by her and if he did anything or dare say anything or challenge her in any way all hell broke loose. He is now living back at home and is trying to secure a mortgage to buy her out of her share, he's had months of threats changing her mind about the children he can see them now he can't and so on, he can buy her out then she changes her mind, he's said he thinks she has a personality disorder as her moods ansd temper change so quickly, she has in the past month's not been to bothered about what she says in front of the children and this really upsets him, so he dosent retaliate as this just makes her worse, she's bad mouthing him and all his family in a vile way to get a reaction, hopefully he'll stay strong and get his time with his children which is all he wants, he would like to have shared custody as both parents work full time, would this be something he could achieve or would he have to go court, he's worried that cafcass will rule in favour of the primary carer as his partner is quite toxic and won't hide any bitterness, and it seems the advice he's received leads him believe that if this is the case it won't get to court as cafcass will rule beforehand to stop any further emotional stress to the children, any help or advice from someone that has been on a similar situation would be appreciated.
Ziggy 22/09/2019 at 11:34 pm
Hi,
I'm in a little bit of a situation and could really do with some advice.

Last year we had a 8 month trial as ex wouldnt let me see daughter. All alligations you could think of were made against me and these were cleared.

My ex is very unique and doent appreciate we both are parents to our daughter.

I was awarded every other weekend and one after school until drop off and half of all school holidays.

This arrangement has been working for a year and me daughter want more time together but ex is determind to reduce contact.

Daughter is nearly 5. I would really like joint care so that i could be more involved but ex seems to be very awkward and so our daughter is missing out this.

I've set up mediation but fear it will go to court. If it does no doubt ex will dv and get legal aid and cafcass will pause my contact.

Is there much point of going to court? In anyones experiance has awarded time been reduced. With me and my exs lack of relationship would shared care be concidured?? Or am i hoping to fight a loosing battle?

Any advice appreciated
Stoic1 01/09/2019 at 12:14 pm
With reference to my additional information about my situation (see below), what experience have others had in terms of:

-do young teenager daughters reunite with their dads positively after periods of total cut-off at their choosing lasting at least half/three-quarters of a year (or longer)?

- if they do reunite how did it happen and who played the key role/s?

- any positive outcome restoring contact with children aged 13 and 14 even if they tell CAFCASS they don't want it with one parent?

- do CAFCASS consider slapping/smacking on an in frequent basis like mine (on average once a year and within the definition of Children's Act 'lawful chastisement' which I hasten to add would never happen again anyway) insufficient grounds for children aged 13 and 14 to separate from one parent who they clearly had a loving relationship with?

-Is the least I would be granted by a court some kind of newsletter from the mother (or preferably the girls themselves) about how my daughters are getting on?

- have courts instructed children in similar situations to be supported by the parent they are with (or any third party) to engage in talks, or reconnecting in some way, with their Dad to restore the positive relationship they had?

For info - I was an active loving father both before and after my separation from my children's mother 7 years ago. After that I positively co-parented my 2 lovely daughters (just turned 13 and 14) successfully from the date of separation with their mother until earlier this year when first the older one then the younger one cut off completely from me. Their mother says this is due to a slap I gave each of them for fighting terribly in the back of the car around New Year and which they have retained a strong anger about, but I only have her word on that. I have tried to write to my girls but no response and when I tried speaking with their mother she refused to help them reconcile the situation with me and has since insisted I communicate only through solicitor's letter to her and has refused to attend mediation so preventing any re-connection between the girls and I so far.

This is very bemusing and deeply upsetting for me as my daughter's mother has always acknowledged that I am a good dad. Right up until she stopped communicating with me she said the girls would get back in touch but its now 8 and 4 months respectively and not a word from them. Everyone always says I am a good dad and have a very positive and loving relationship with my daughters and I am very open about my parenting.

I had managed to keep communication with their mother relatively amicable for these last 7 years despite her vexacious texts and repeated claims that I was to blame for the break-up even though it was completely her choice. I have always given all my love to my kids but there were a few occasions when their behaviour was unacceptable and regrettably I slapped them (on the legs). I am not proud of this but believe it wa
Georgie 15/08/2019 at 2:42 pm
Hi messaging for some advice. After a very traumatising childhood followed by a violent relationship I have two children with my ex, we are apart and it’s the best for everyone. We still try to keep things as civil as possible but have really butted heads recently. I have struggled since I can remember with manic depression and ptsd, after all the events in my life I am finally coming to breaking point. I am a loving mum and my children have always come first hence why I’m considering this option as I need to address my child hood traumas but feel unable to re open very ugly wounds around my children. I have begged my ex to help co parent with me, even if it was just for a year so I could seek the therapy I need and have been advised. He won’t as it would mean a bit of a lifestyle change on his behalf but in the long term I feel that if he doesn’t auooort the children so I can be a better person and mother I feel like I won’t be around much longer to be thier mum. I really struggling. Any advice please much appreciated x
Peter 06/08/2019 at 3:07 pm
Recently broke up with wife, now shes reducing access for me to see them.
So I'm only allowed to see them twice week, when before it was 3-4 times a week, all because I couldnt have kids over night on my oldest daughter a birthday because i was at work early the next day, but she says it because the kids need routine which is a lie, she just annoyed because I couldnt have them over night, any advice would be appreciated
Flo 20/07/2019 at 2:38 pm
My son has recently split from his wife he is paying an agreed amount of maintenance monthly. The problem is he. Works shifts and although he is having his two children when he can including overnight his wife seems to think he shouldn’t have any time on his own and expects him to have them every minute he is off does anyone know how he stands with this I would appreciate advice on this as he doesn’t know how he stands and can’t afford a solicitor at the moment
Khalid 10/06/2019 at 11:04 am
Hiya guy myself and my ex split Oct 2015
When she left the family home in London under false pretences. She claimed she wanted to move, as she did not get on with my mother. I started looking in the Northampton area as asked by her, I also placed an transfer request at work while we were looking. So she left the house on 27/9/15 Stating that she would go to Coventry to her sisters and stay there while we still looked. I was meant to join her a week or so later. Before this she had packed all her and my son belongings and placed them in storage that only she had access to. On the 2/10/15 I rang her and she told me she did not want to be with myself and more and wanted a divorce, well as you can imagine I was taken back a bit as I was not expecting this. From that moment she made it quite difficult for myself to see my son and was being very secretive. At one point she had agreed for me to see my son but when I drove to Coventry from London she was not answering her phone and was not at her sisters in Coventry. Eventually I managed to see my son and she then told myself she was moving from Coventry but did not tell me where to. While all of this had been going on I had found out she was seeing someone else half her age from her work place and they had both left work at the same time in September 2015.
We then attend mediation and I got her to agree on a shared custody agreement. Then I found out she had moved to Nottingham in Oct 2015. So I looked online and moved there by 7/12/15. We now have a court order stating our shared agreement.
But she has now told me she wishes to move back to Coventry and I applying for full custody as she no longer want to live in Nottingham and wants to be closer to her family.
IS there anything anyone can suggest to help me in this situation many thanks.
KC
windy 01/05/2019 at 7:01 pm
Does Dad have to own his own property to have 50:50 custody of our child please?
Steven 07/04/2019 at 9:17 am
My son is 12 this coming August. His mother and I split when he was just 1 1/2 years old. I have parental responsibility and see my son three weekends a month, Saturday morning through to Sunday evening for two of these and Sunday only for a weekend between, then one weekend a month with his mother.

In around 10 years i have only had half of one summer holiday. All other holidays the mother does not allow our son to come stay. She takes all holiday periods to herself even with our son begging to spend time with me.

For all these years i have paid maintenance and spend extra on suppllying half for school uniforms, shoes and clothes. The mother and I donot meet on the same page ever as I am more concerned that she and her mother are always telling our son he is not allowed to spend any more time with me even though my son is begging. This behavour has made me so ill. For 8 months i have been suffering with severe depression and have not worked. It is affecting my now marriage and our financial stability as i have become so unwell I cannot find the wood through the trees.

My ex does not see that my son's mental wellbeing is being destroyed by her not allowing my son to have one of his wishes. He has told me himself, unprovoked, that he has given up even asking his mother as he knows the answer. He is starting to suffer with depression too at 11 years old. I wished i knew how to work this out. His mother is abusive toward me whenever i raise the issue as my son is an emotional wreck when he stays now.

I'm being dared to take it back to court by her. She is stating she will put this to rest once and for all and i will see our son less because any judge will see i'm not financially suppotive. Its a joke. Equality in men and women with a child is not there. I had always without fail paid her maintenance until i waas placed on medication due to this mess.
Steve77 25/03/2019 at 11:41 am
HI

I separated from my ex-wife in 2014, and was divorced in 2015. I re-married in 2017.

We have two daughters, 11 and 13, and we joint parent them. They are with me every Tuesday, and every other weekend (Friday-Sunday) and every other Thursday (When not my weekend). When they're with me they are living with me not staying with me, they have a bedroom, their own things, toys, clothes etc...no different as they do at their Mum's house. We both take responsibility for decisions, and school stuff, like parents evenings etc..Although I obviously don't see them every day anymore, i'm no less involved with them than I was when their Mum and I lived together.

I earn a bit more than their Mum, but she gets all the Benefits relating to them and from the settlement has no mortgage to pay (whereas I am now renting). It feels unfair that she can afford to put money aside and go on several holidays a year, whereas we haven't had a holiday in three years, and often struggle just to have enough food and petrol to live on.

My question is, given that we are both active parents, both feed and clothe them at our respective homes, why is it that I have to pay maintenance to my ex, leaving me at times so broke that we lack for the basics?
jim 06/02/2019 at 1:47 pm
Hi I am married lived in same house with wife had two children 5 and 3. Mutual split 8 months ago she moved out to sep house 400 metres away. Share exactly half custody without any lawyers or agreement. We were on a 4 nights three nights split over two weeks. Was not good for the quality time with the children as i always did the Sun Mon tues Wed and alt thursdays she did Alt thurs fri Sat and back to me Sun 0900hrs.
All i got was the buisness end of school nursery etc and she got the quality end. She kept alternating changeover days and here and there refused to pay for school activities if it were not her 'day'. Most activities were on my end.
I decided then week about and gave her notice of change and agreed to assist taking the children to and from school if it were an issue. She does not want to change as she has helpers take kids to and from school thursday takes Friday off and has quality leisure time.
She says if i persist with week about she will refuse me access to children. Can She?
Chris 08/01/2019 at 1:09 am
@enquirer33.because( I dont care )mate never did I was repeatedly cheated on why would want that again ?(crying into pillow over that) I don’t think so I be crying into pillow if I was under those conditions again and for my daughter well it’s( mothers job not mine ).So it pretty easy for me .spit the sand mate pull yourself together go on a date or adopt orphan from a third world country or do what did start again it’s better the second time around .
Enquirer33 08/01/2019 at 12:43 am
@Chris - Not sure how you were able to come over this. Every day I feel as if someone has nailed me to the floor with my hands and legs tied to the floor then took a shovel full of sand and shoved it through my mouth, nose and eyes until I cannot breath but I have to breath it to live. This is seriously how I feel and I feel lonely, suffocated without my son and crying many nights. It has been 6 months and I cannot get over it.
Chris 07/01/2019 at 7:28 pm
@enquirer33.i have never been a (hands on dad) .and if my ex wanted to move permanently to another country it’s (ok with me )I haven’t seen my daughter in 10 years so it (really doesn’t matter.)I just want to be left alone I am just thankful I never got myself in trouble with (stupid messages )I had (god my side) with the stuff I said a magistrate would have jailed me .thank my lucky stars.
ENQUIRER33 07/01/2019 at 4:49 pm
Hi. What is a typical child arrangement for a 2 year old. I used to be a hands on dad caring for him every night and weekends while she takes a break. Currently she decided I only see him 10-6pm sat and 12-6 on Sunday. Cafcass has gone with that recommendation. Seems very unfair. He has medical conditions and we became so close. He was hurt emotionally and psychologically when we separated he was crying after me everytime I drop him and runs to me when I pick him up. He has been taimed with the new arrangement and now loving his mom more. It seems unfair that Cafcass goes with a new status quo created by Mom. It cannot be that dropping my time with my child is ok but building up is not. I live 5 mins away and we have no extended family in the UK so we are the only 2 people he knows and he doesnt go to nursery. I am due to fight this recommendation at court in a final hearing. No welfare concerns and I do not know if I can ask for shared care as Cafcass suggested lives with mom. Mom is doing this so she can take our son to the US permanently and thus reducing child access to me as I refused to do so. Also can anyone recommend a good barrister for this.
Papa 04/01/2019 at 6:53 pm
Hi

Thank you for the clear article.

I am a separated dad of a wonderful 3 years old daughter. I have her from Saturday 5.30 until Tuesday morning each week.

Next September she will start school. Her mum wants me to have my daughter 1 weekend on 2. Means that I will have her 4 days a month!

Compare to the time we have to gether now, it is a massive drop!

How can a judge decide that?
What are the risk that I lose my daughter?

I'm really upset by this as I want to be part of her life and not just a babysitter!
Chriso 04/01/2019 at 6:24 pm
@billy.i hear what you are saying I went to the solicitor and sat down and had a long talk about my situation.(all I wanted was to meet my daughter )been (10 years) but so they explained to me that it’s not worth going to court now with the time frame.so now I must wait for my daughter to decide when she is a adult if she wants to meet me .my advice now is get to a solicitor( ASAP )if you want to have contact with your child leave it like I did and it’s to late.and (never contact your ex or lose your temper and say stupid stuff)because they will use what you say in court .so now I must wait for my daughter to decide.
Billy 04/01/2019 at 10:35 am
Hi all, I read a comment on here this morning that made me not feel so alone in my situation as I felt exactly the same way. I have 2 children, I love them dearly, they are my life. I was prepared to have them both and was fully committed to having them. The mother then left and took the kids. Now my ex is restricing the time I have with them and trying to fully control when they see me. It has now got to the point where I am now filing for court because she won't go to mediation. I have asked for shared custody and mentioned it to my solicitors. But why is it that everybody appears to be against the idea? Even my solicitor advised me to consider what I want and what is best!
I ask the question why is it better a child spends more time with one parent (usually the mother over the father)?
And why can't a child be cared for by both parents?
I have not yet heard a valid answer.
I hope the law will change soon as many fathers and children are suffering an injustice.
Razor52 24/12/2018 at 9:10 am
Hi, I recently split with my partner of 6 years in June. We have an 18 month old son. I asked for shared custody but she has said no because she won't see him enough. I don't think this is right as it's the same for me. I would like to know what avenue to go down to have it in writing that we have shared custody. The situation at the moment is I have him Wednesday and Thursday which isn't great for me as I work all week so all I'm doing is basically picking him up and putting him to bed, I don't get to take him on days out anywere. Any help is greatful
dee dee 23/12/2018 at 3:45 pm
i have recently seperated from the mother of my son. when trying to make arrangements to see him shes being difficult by ignoring my calls and messages regarding any arrangements regarding my son. ideally i would like to keep it out of court but the way things are at the moment this seems like the only option. She stole £700 out of my last pay packet which left me with £36 after my direct debits were taken. she has also got her brother to ring my bank using my details and put some sort of block on my bank card which has stopped me withdrawing any money what so ever. Ive tryed to make contact with her countless times with no response except abuse from her mother sister and younger brother. Any advice or steps that i can take to ensure i see my son are gladly welcome. thank you all
Shy 12/11/2018 at 7:01 pm
Hi All. My ex is about to move 1hr and a half away from me. I initially moved closer to her residence and even got a job next to her house to enable me be part of my sons lives. I want to be able to go to parents evenings and help them with their education and out of school activities. I will not be able to do this for much longer as she has found love and has told me she will be moving as she knows whats best for them. I know i am limited with rights to stop her. But I am desperate to put a stop to this. It feels heart breaking that I have no say in both my son's lives/ Is there anything I can do legally to influence a happy medium?.
tony 01/11/2018 at 3:13 pm
I have been with my partner for 4 years... She had 2 daughters when we met and there dad wasn't around so i took them on as my own i even got there name changed by depoll so they felt part of a real family she then fell pregnant with our son. I no longer want to be in this relationship as i just don't trust her and as we all know with no trust a relationship can't work, I'll do what ever i have to do to see my kids but i want shared custody as they are my kids as wel not just hers i have always provided for her and my children but i really don't want to be in this relationship anymore but don't want her stopping me seeing my kids because she wants to get back at me for finally walking away. Just want to know what steps to take to give me the best chance of making sure she don't stop me seeing my babies.
Ss 30/09/2018 at 7:24 pm
Hi guys, I’ve been looking everywhere for the answer to this question I about to put forth but have had no such look finding it.
Around a year ago my and my partner split up, she left or home and left me with a two bedroom flat to run by myself, her reason for this was a) she has somewhere else to go to b) she wanted a stable place for me to have where I can have my daughter every weekend Saturday - Monday or Friday - Monday depending on what the mothers needs are for that week.i work part time to accommodate the time I spend with my daughter every weekend but only recieve a deducted rate of housing benefit as in there eyes I’m only entitled to a one bedroom flat and therefor reduce my housing benefit due to the bedroom tax, is this right?! Surely having my daughter EVERY weekend since the split up, 3 or 4 days a week should effect this and I should get more help with the cost of rent and council tax?
Charles 24/09/2018 at 3:35 pm
Hi,
Can it be arranged/agreed to have one house where the child/children live all the time and the mum and dad move in/out every week depending how much time is agreed to spend with the child/children?
Ally 19/09/2018 at 6:05 pm
Hello, my ex has asked me to write a parental agreement cause he is getting his own house and I was just wondering if I write the letter out and agree to it does it affect me (the mother) in any way?, like benefits and getting my own place, ect. Thanks
Penny 15/09/2018 at 12:02 am
Hi I have a question my nephew has a daughter to a skank that was sleeping with my husband for years and others .now we are a family oriented family to she come along her behaviour is disgraceful the stories and the men in our family coming forward and admitting that they where with her my stupid husband thought she loved him ha ha to the others come out in our family said no she loved them ha ha now I no my nephews daughter does not need to grow up like that .we are planning to take the child away from the mother we have real concerns for the welfare of my nephews daughter and the upbringing she would have had .we are planning not for shared care but full time care of my nephews daughter she needs to live with her daddy .
Jay 26/08/2018 at 3:30 pm
Hi, further to Daryl’s unsolicited response to my query, I was wondering if indeed it is common to give 75% of marital assets to the wife even if the children are spending half of their time living with the father and the mother earns more than the father. It seems bizarre. Would gratefully appreciate the input from a professional rather than a bellend troll.
Thanks
Jay
bella 25/08/2018 at 12:57 pm
Hi, l have moved back to Uk from Spain after seperating with my husband, l have 2 children aged 12 and 16, who are currently still in Spain, l have joint custody and am now looking to rent a house in the UK, as in order for them to spend half time with me l need a more space, could you please advice me wether l would be eligible for housing benefit.

Thanks
Nad 24/08/2018 at 10:45 pm
My daughter who is not british married a British and got a daughter.they divorced when their daughter was five (she s now seven)and that was under domicile violence.the court ordered residence custody for her with alternate weekends contact for the father and a wednesday dinner ,mentioning that that last one will be omitted if she moves from the area where she’s living.
Thinking that,as the court has allowed her to move,she’s automatically allowed to change her daughter’s shcool.But after finding a flat and paying for it ,she was told that her ex has to give his consent! SHe thought that she has only to tell him as he can always benefit of the alternate weekends!
I wonder if she moves and applies for an emergency issue in the court meanwhile,will that be against her or not !
Is there any possibility she can change her daughter’s school without the father’s consent
jenny 18/08/2018 at 10:39 pm
Lj.i am sorry to hear this .sounds like you bred with deadbeat .i am sorry hun but if he doesn't want anything to do with the child there is nothing you can do about it and to throw a spanner in the works hun if is not earning well you are going to get zero money .so you better get use to doing everything yourself .ps i am victim myself i fell for this tall dark and handsome prince got me pregnant he went to 'shop'to buy baby milk he never come back and do you no what the kicker was he run off with my aunty on my mother side and got married in thailand now they are living over there and my aunty is selling coconuts on the beach why he surfs i get no support .
LJ 18/08/2018 at 9:46 pm
Hi, what route do I need to take if I am a single mother, I do 100% of everything on my own, my child’s father plays a lot of games and is very much in and out of our child’s life as and when he pleases. He gives me nothing for her, a few weeks ago he was seeing her once a week every week, he suddenly stopped and has not bothered to make any contact, I contacted him and instead of owning up to his wrongdoings he has said he will change his number if I go to CSA or outside agencies regarding his lack of support. I’m so tired of doing everything on my own all the childcare is on me I literally do not get a moment to myself, Iv been thinking of taking him to court to put something in place where he has to have our child at least once every other week. How do I go about this, this is really something I have shyed away from doing for the past 9 years but Iv had enough my child is constantly asking for her dad and I’m just fed up now
Rich 18/08/2018 at 9:00 pm
Hi , im currently going for shared residency of my 2 yo son. His mother and i were married at the time of his birth. I am his father. My ex is refusing to allow me to see my son and has cut co tact. Long story short shes done herself no favors and even the authorities have said she will look pretty bad in court. Im hoping to gain over night contact. There are no safeguard issues etc.
My issue is, we live about 80 miles apart. I left her the marital home and everything in it to be able to keep my son in a stable home. I live with my parents. Im About to move in with my gf and her 2 toddlers, its an hour and half drive min. Now, if i get overnight i can only co.mit to monday and tuesdays. My job is long hours and every weekend. Head chef. 14 to 16 hr days.

If i get overnight, needless to say my son will be with myself my partner and her 2 kids in our home 80 miles away, i dont know what happens to schooling. He turns 3 next march. He will.attend nursery 3 hours a day. Which 3 hours i dont know my ex wont even tell me which nursery he will be going to or where his day care is etc or even his shoes size....

Can nursery be split between 2? The way itl play is i could pick my son up at 3.15pm on the monday but id need to drop him back off for 12.15 the next day..... or pick him up at 12.00pm and drop him back at nursery at 9.15am the next day....neither is even 24 hour hours with him.

What do people do in these cases.. i could drop him on day 2 at 9.15 and wait 3 hours somewhere and hope i dont get wet or cold but its not ideal.

Any suggestions???
Daryl 18/08/2018 at 8:56 pm
Hi Jay, yes, normally with shared custody the father would be entitled to more like a 50:50 shar as equals. If he isn't a money grabbing wh0re, then he would likely be more generous to like a 76% split (majority to former wife) in support of his children. I wish you the best of luck with your situation...
Jay 14/08/2018 at 11:30 am
Hello, if a father wants shared physical custody of children after divorce, does that mean that he can apply to have a greater share of marital assets on divorce than would be typical, e.g. 50% of home equity rather than the more common 30%?
Thanks
SeparatedDads Editor 14/08/2018 at 9:37 am
For any child arrangements after parents separate, , which will tell you all you need to know. There are no right or wrongs post separation, if you cannot agree on how to bring up your children or with whom they should live then this is the process you have to take.
SeparatedDads Editor 13/08/2018 at 12:13 pm
Child maintenance and child contact have no bearing upon each other, meaning seeing your children is not money-dependent. If you are earning and paying tax through HMRC, then you are automatically responsible to pay towards your biological child. However, in theory you are not deemed financially responsible for your non-biological children unless you have officially adopted them - this would be up to their biological father (you don't say whether he pays child maintenance). Only if you divorce, may a judge request that your step-children have some financial provision from the joint marital estate. With regards to seeing your non-biological children, then you would have to apply to court and the court would decide whether it is in the children's best interests (if your ex refuses access). As the court likes continuity and stability and if the children are older (as they will have a say), then you would have a good chance of gaining access.
Simon 13/08/2018 at 7:03 am
Im currently going through separation with my partner. We were never legally married although we lived together for 12 yrs. We have a set of twin boys together now almost 5.

I am the registered father and they bare my surname. Also i coverted to the islamic faith and my wife also. My kids were born in Doha. It states on the birth certificate that they are muslim and so is the mother.

Contact
I see them every weekend from friday to sunday and also for a few hours each wednesday.

My wednesday contact has now been cut and i fear my weekend contact will soon follow.

My children dont really want to go home and get very upset when its time to go.

Religion
Also she is going back to her old self and fèeding my kids pork. Although i respect orher cultures and religions i have my own principles. I wish my children to grow up with the same values and understanding as myself. From birth they were muslims.

Custody
Although we live in seperate towns they are in the same county and i live only 20 mins away. I live with my family and a stable home.

I want joint custody as it is important i am in my boys life as an active parent. I feel any mediation will be blocked by her.

What are my chances of getting joint custody.
Alan26 12/08/2018 at 10:08 am
Hi i am into the early stages of seperation from my wife 4 months now we have one child together age 6 and she has 3 other children aged 11 , 14, 21 we have lived together for 10 years so I have brought them up as my own but things are getting difficult. I had to leave the rented property and am currently homeless but sofa surfing at my parents i do work full time but have taken up the debts that have been built up in my name so struggling to find a property I can afford to live in . I get to have the 2 boys school term from school Tuesday , Thursday every other Wednesday to sleep over and I pick them up Friday evening and have them every other satuday and sunday . In the holiday she has them first week Monday day and Friday and Saturday Sunday I pick them up Sunday evening ,second week she just has then Monday day and Friday day I take 2 days a week off work for this and I pay my mum to take them out one day. I no how lucky I am to have this but she is asking for more child maintenance and school uniform money , more than I can afford , firstly I'm worried she will reduce the time I see the boys and secondly how do I find out how much I have to pay ? She does get all the benefit help for them . Is there any way I can get it set so I don't lose contact with my children?
SeparatedDads Editor 09/08/2018 at 9:40 am
Usually, it is the parent who receives child benefit who is considered the primary carer and as a result the person who can claim additional benefits. You may wish to get some advice from the Citizens Advice Bureau to find out more. If you cannot agree between you and your ex, you would have to go through the process outlined via whichIf your ex is considered the primary carer then she also would be entitled to claim child maintenance from you, so it is worth looking into in order to explore your options.
Vyvex 08/08/2018 at 11:25 am
Hi. If my ex and I have exact same nights share of children (5 in total). I am getting tax/working credits and she child benefit basically because that was situation while together. We separated without sorting it out. How do you think this will work as for who gets what? At moment I am able to get working credits to help with childcare but she isn't . She is now apply for tax credits and I am applying for chb. Ideally would be shared but not sure how this will work out. . How do they share this out or what happens? We have no communication and will be impossible to sort out between is.
SeparatedDads Editor 06/08/2018 at 2:08 pm
There are no statistics, as every case is dealt with on an individual basis. However, shared care is becoming more frequent. The reason it is becoming more frequent is that more parents are taking an equal responsiblity to bring up their children on a day-to-day basis when together. The courts generally like to keep arrangements consistent. For instance, if your boyfriend has played an integral hands-on part in bringing his child up i.e shared the school run, helped with the children if his ex was at work etc, then the courts would be more willing to offer shared care. However, if your boyfriend hasn't played a big part in his child's upbringing to date, for instance if they separated a while ago and he only sees his child every other week, then it is less likely a court would opt for shared care. There is little option to contest the court order once the order has been made. Both parents would be expected to keep to the order which would change only if circumstances change.
SeparatedDads Editor 06/08/2018 at 10:02 am
Unfortunately, unless you are the parent who claims child benefit and are classed as the primary carer of your children then you will not be allowed extra rooms for your children if you rent a council property. You can see more which
Jim 05/08/2018 at 10:24 am
Hi, I have recently split from my ex. We have a shared parenting agreement in place. I live in a shard house and wants to apply to a council house. Will I get priority so that I can rent a house big enough for my children? Thank you
Tara 04/08/2018 at 9:50 am
Hi,
Do you have any statistics on the likelihood of a shared care order being granted?
My boyfriend is currently battling for this and it goes to a contested hearing later this month.
The mother has been difficult all along and refused to attend mediation twice, has claimed abuse (we suspect to take advantage of legal aid) up until the point cafcass got in touch.
We have asked for no more than we feel is fair, although we would love to have his child full time, but I’m nervous about his court date as his solicitor told him that shared care is pretty much down to the whim of the judge hearing the case and their feelings. What if the judge is one of those who believe the child belongs with the mother? And what options are there for us if we get much less than we’re happy with?
Sid 02/08/2018 at 12:01 pm
Hi,
What are my rights regarding seeing my children during school holidays. They live with my ex wife, we have joint responsibility. I see them over a weekend every fortnight as we live 100 miles apart. I have requested that they spend half of all school holidays with me but my ex is threatening to restrict the amount of time I see them during school holidays to much less.
SeparatedDads Editor 30/07/2018 at 1:56 pm
Unfortunately, this is the same with all non-resident parents who have visiting children who live elsewhere and who you don't claim child benefit for.
Babycakes 27/07/2018 at 5:25 pm
Hi we are both woman that had a little boy together though ivf we have split up and she has took the boy as she was the one who gave birth to him but we both on birth certificate as his mum I have the little boy at weekends and 3 weeks in the holiday the problem is I am in a council home and only have a one bedroom I have a new partner I have been with for 3 years which we share the bedroom but we need two bedroom so my little boy can have his own room his can I get help as council are saying because I don't have him full time they don't have to help me please help
SeparatedDads Editor 27/07/2018 at 12:35 pm
Only the resident parent (the parent who claims child benefit) can claim housing benefit, or more rooms to accommodate the children.
Stuart 27/07/2018 at 6:49 am
Me and my wife have decided to separate after 10 years being together she as said I can have joint access to my kids And im trying to find a place for me and our boys would I be entitled to help with housing ect as my wages wouldn’t cover everything we would need
Sg191293 24/07/2018 at 8:03 pm
My partners ex will not admit to any overnight care my partner has as it decreases her child maintenance award. His not in a position where he can afford to take her to court. Is there anything that they will accept as evidence for overnight care?
SeparatedDads Editor 19/07/2018 at 11:32 am
whichshould tell you all you need to know.
Loulou 17/07/2018 at 10:26 pm
Hi my boyfriends ex wife won’t let him have his 2 children staying over night in the week it has to be weekends. He works shifts and works 3 weekends out of 4. But he gets 2 days off in the week so is able to collect the children from school and take them the next day. It’s breaking his heart because she threw him out after 15 years of marriage and she’s screwed him over with money etc and he’s just starting over again. What can he do legally? He pays her maintenance every month and loves his children so much. He hardly sees them at the moment due to work commitments. She ended the marriage and threw him out but she’s been really nasty about seeing his children.. I don’t know what to do to help. Any advice please..
SeparatedDads Editor 17/07/2018 at 11:38 am
No. Your ex's benefits are attributed to him directly and he is under no obligation to give the money to you.
Munchkin 16/07/2018 at 4:11 pm
Hi I just wanted to know something , my daughter's live with their father and I see them in the holidays and every fortnight, I have them for a week in the summer holidays I just wanted to know as I don't receive benefits for them if they stay with me for a week does he have to give me that weeks benefit?
SeparatedDads Editor 16/07/2018 at 12:32 pm
If you are the primary carer of your child from birth, then it is highly unlikely that any court would allow your husband to keep the child. Usually, you can agree terms through mutual discussion or mediation. Only if you can't agree would court be an option
Ruby 14/07/2018 at 5:17 pm
Hi I am at the moment in divorce with my husband .he is the one that has more income and has both our houses on his name plus business and savings . I worked with him and we brought this after we meet and now we have a 4 monts baby. He does not want me to stay in this house with the baby wich legaly I have all the wright. Anyway we are resolving this with the solicitors. My questionis: he told me he want half of custody of my baby and it is posible after the baby is not breastfeeding anymore he could take the baby away from me? Do you think that is posible? Can he go in a trial again after 5 years for example and claim the baby for himself? I dont know if relevant the baby is english I have doble citizenship but father has a diferent citinship . Can he go in this country to open a trial in the court if the baby is british?
SeparatedDads Editor 06/07/2018 at 2:11 pm
Much depends upon who is claiming child benefit, as the parent who is claiming child benefit is the parent who is eligible to claim other benefits such as housing benefit etc. If you are not the parent who is eligible to collect child benefit, then you would not be entitled to any other means-tested benefits relating to you having children.
Mos613 04/07/2018 at 10:32 pm
Hi my ex partner and I are currently going through a split involving two children. She has moved into a council house and I have stayed in the family house. She only works part time yet is claiming she cannot claim any benifits to help towards her rent, bills ect..... With myself working full-time and only earning just about enough to pay all my bills and rent with very little disposable income to save and spend on days out with the kids... I am trying for 50/50 and upto now she is in agreement of allowing this, I just wondered if anyone has any information weather there is any help single father's can get?? As well as information if my ex can get help??.... I have a little nagging feeling that she is trying to pull the wool over my eyes here as all the benefits calculators i have used say different to what she is telling me.....
chris2912 02/07/2018 at 2:57 pm
Me and my ex have a fairly good relationship in terms of seeing my son, however, I don't see why in this day and age she automatically gets to have him full time. She gets to determine what days and times suit her best etc, I can facilitate having him 50% of the time so am I entitled to having him 50% of the week? As I say I am happy to work out suitable days and times for both of us and I would prefer to not cause any issues, just wanted to check where I stand
Nelly 25/06/2018 at 2:35 pm
@Ryan - Are all your 3 children with the same mother? If so she should let you have one child in your name - this will not only give you a bit of extra help as you will be eligible for Child Tax Credits and Housing Benefit as a single income parent for that one child but you will also receive Child Benefit for that child which will open you up to being eligible for at least a 2 bedroom place. This shouldn't affect your ex's finances as I believe you can only receieve tax credits and HB for 2 kids anyway. This is the arrangement I have with my ex and what most people I know who have 2 or more kids do. We were recommended to do so by the council since they would not otherwise acknowledge joint custody.
Ryan 21/06/2018 at 10:16 pm
Hey. Thanks for the reply!. I've have been in to citizens advice and they put me in touch with my local mp! I'm just waiting to find out if she can do anything! I've also found some info on a guy fighting the bedroom tax though have joint custody and the judge ruled it was against his human rights to a family life! By not allowing his child a bedroom in his home! It's an interesting read! So I've used a template letter to apeal bedroom tax and changed it a little to hi light my circumstances and needs and explained I believe it's against my human rights to a family life by disallowing my children a bedroom at my home!!!
I'll see how it goes and keep you posted
SeparatedDads Editor 21/06/2018 at 10:03 am
I think in some cases parents would agree to say they had shared-care of their children in order to be provided with extra rooms. Therefore, you would really have to take the matter to court in order to prove this. You may wish to seek some legal advice - the Citizens Advice Bureau may be able to help here.
Ryan 20/06/2018 at 1:32 pm
I live in the U.K. And have had shared custody of my 3 children! I have them from 6:30 pm on a Thursday till 6:30am on a Monday! Yes it is 4 nights but still works out 3 days 12 hours! Exactly half a week! Now the problem I have is the council won't give me any bedrooms for them because I don't receive the child benefits or child tax! Our arrangement is mutual so haven't needed to go through court but they say they will
Only accept court papers saying I have shared custody or child benefits to allocate me extra bedrooms as they don't recognise shared custody! Any one got any advice on how to fight this! I have letters off the children's mum stating I have shared custody! But it feels like I am being discriminated against it is the year 2018 shared custody is very common! Why dose the uk government not recognise shared custody!
Max Editor 14/06/2018 at 2:59 pm
@NozzaSP - if the mum is struggling to cope, then surely as the other parent you'd do all you can to help. Single dads may be entitled to their own life, but so are single mums. Why should the mother have to shoulder all the responsibility. This has been going on forever. It's not the man's prerogative to work and the woman's to look after the child - that's Victorian. There should be a fair balance all round 50-50. Plus it's not all about the money, some men think that if they just throw money at a problem it will solve it or the problem should go away. I'm a man and I'm all for making sure that my kid is OK and if my ex isn't coping I'd deffo make sure I stepped in for the sake of my kid.
NozzaSP 12/06/2018 at 3:10 pm
@Philip - Ignore what Jacklj commented, obviously a women who has been burnt a few too many times! If CSA is saying you are paying too much they will not make you pay more, nor will they make you have them more. 2 nights a week is better than most father's adhere to. I'm a single Dad and I have my children 2 nights a week and evenings when I'm on earlies. I work shifts and it would be impossible for me to have them anymore and single Dads are entitled to there own life as well. @Jacklj, save your poor kid comments, you do not understand the circumstances so best you just don't say anything. It's hard enough being separated from your children without silly comments from people like you!
Jacklj Editor 11/06/2018 at 2:58 pm
@philip - he is your son. It is supposed to be a mutual arrangement, not just when you feel like it. A son is not for Xmas, a son is for life. Poor kid.
philip 09/06/2018 at 6:50 am
I currently have my son twice a week. Mum is struggling and either wants me to have him more or pay her more the csa say I'm already overpaying her. She wants to take me to court and seems to think it will go in her favour for me to have my son more and pay her more for childcare is this correct? If I could have him more I would but have work and other family commitments. Thanks
C.laurie 07/06/2018 at 5:54 pm
@rosie.if my x did that to me I would put kids in a box drop them at post with return to sender immediately.
GB Editor 08/06/2018 at 3:14 pm
@Rosie - it seems like you need a break. Why can't you claim child maintenance? You can claim on taxable income. Ask your ex to go to mediation. It's difficult when kids get to be teenagers, but think about what you will lose when your 'family' are no longer with you. Yes, you have put in all the hard work, but in a few years your kids will appreciate this. Don't give up on them now. You'll surely regret it later on if you do. I felt like doing the same when my kids where 16/18, I asked them to move out. But they didn't thankfully. Once they got through the horrid teenage phase they became my best friends. You haven't got long to go now before they go off to uni etc and you've done a great job. Even though it is tough currently, you would so miss them if they were no longer with you.
Rosie 07/06/2018 at 4:23 pm
I need to clarify, there was a typo in my previous email, the children are with their father for overnight contact of 3 nights, twice a MONTH, not twice a week, he has the option to see them one night a week and half the school holidays but never takes it. But further to my question, what I was considering doing going forwards was to sell the house - it's mine, bought and paid for by me, but it has to be sold as I have sole cost of the care of the children and am unable to work particularly full time as a result. So what I was considering doing, is a tough one, but maybe for the best, once the house is sold, the following staying contact the children have with the ex, I put all their belongings into a van and have them delivered to his London Home, and send an email to him and his solicitor, explaining that I am homeless, and no longer able to care for the children full time, or provide suitable accommodation, therefore as he has joint parental responsibility, and I have taken on the full time care of them for 16 years, it is now his turn. I will be in touch once I have found suitable accommodation to arrange contact visits. It would be heartbreaking and a shock for the children, but at the same time it would demonstrate to them that Fathers should have as much responsibility, and take on as much of the work as mothers, and to the ex the true nature of parental responsibility lies in the day to day care and drudgery. Would there be any legal ramifications? If I am homeless, and I soon will be, then surely there is no other way of proceeding.
SeparatedDads Editor 07/06/2018 at 11:23 am
Your only recourse is to suggest mediation, and/or if your ex refuses to agree to try to resolve the issue, you would have to apply to court, However, even if you are granted by the courts to have your child through shared-care, you may still be responsible for paying child maintenance. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
boss mule 06/06/2018 at 10:09 pm
@blossom. I wanting to take on a more serous role with my daughter but reading your post its sounds like hard work I am not fan of (donkey work) I like to be the one that organize the donkeys from a far And reward the donkeys every now and then with a treat I am suited for this role .and the donkeys love me because I am not the one belting them up the hill with a stick .they see me as nice man that gives them awesome treats a pats on the head .
Blossom 06/06/2018 at 6:57 pm
I am a divorced mother of 3, my ex sees the children for three nights a week alternate weekends, although often cancels or returns them early. My ex, who is the beneficiary of a multi-million pound trust fund was assessed by the CMS to pay NIL child Maintenance. My youngest child is 12, my oldest 16, I am exhausted with the day to day drudgery, the struggle of trying to clothe and feed the children, the scrimping and saving, and endless sacrifices, with always being the one who has to drop work and run to school, hospital, the dentist, with the endless laundry, preparing three meals a day, shopping, bills, homework supervision, finding work placements, attending parents evenings, fighting to get them into the best schools, then having to go to court as the ex delights in blocking everything I do, of funding school trips and then the ex refusing consent for them to go, and wondering how I will pay for the electricity bill, poll tax, new shoes, blazers, books. I am exhausted with never being able to go out, never having time off, not even being able to afford the train trip to see my parents while their father flies around the world, with homes in London and the Cote D'azur, I have been a loving and devoted mother for 16 years, I have done everything for them, and put them first in everything. I am sick of being the parent with the stick who has to chase them to do homework, and can never afford to give them a treat. My ex has just flown one child to France for a football match, my son missed his first ever GCSE as a result. He just bought my daughter an £800 iPhone, but won't contribute towards a £100 blazer. My question is, could I have his life? Can I oblige him to take the children as the resident parent, time is running out for me, I will be retiring soon with no money and very little opportunity to get a job with more reasonable pay as I have always to be on call for the children - tomorrow, 7.30am, off to hospital with my daughter for example... Can I be the parent who sits back and criticises, refuses to pay a penny, chucks an expensive gift at the children every now and again, and lives the life, after 16 years of being the one who does the donkey work.. Can I force him to take responsibility? What are the legal precedents? I adore my children, but this is a slow death and every year that passes it gets worse, if he takes them now I might just be able to build up a little pension so I won't be a worry to them when they are grown. Can I force a father to take full time residential care of the children?
Ranny 06/06/2018 at 9:24 am
Hi I have a consent order from two years ago to have my son 5/14 nights and pay my ex 400 a month. Immediately this increased to me having him 6/14 night so in theory I should pay less but I have kept the payments the same and in addition I also pay for several other things like his clubs a full set of clothes toys and holiday when he is at mine. I have moved near him and arranged my work around having him and can now have him 1 more night per fortnight to make it fully 7/14 or 50/50.
I expect my ex to disagree as she is basically decided not to work, she is now remarried and a baby is due immenently.
So tr question is.
IWhat can I do if she refuses to let me have him one more night and have him equally?
SeparatedDads Editor 05/06/2018 at 11:49 am
As a rule, the court will not force your ex to have your/his child where he is unwilling. The standard access granted in court to a non-resident parent is usually every other weekend and one night in the week to the non-resident parent where parents cannot agree.
Daze 04/06/2018 at 4:58 pm
My ex hasn’t seen our daughter for 6 months. We went to medication and he failed to keep up with his costs so the meetings were then cancelled. Everything was on a trial . The meeting that was cancelled 6 months ago should have been our last one. He said he didn’t want our daughter that much and told me to get a child minder if I was to return to work, I wanted him to have our daughter every weekend and he said no. Now he has been threatening to take me to court over this matter. If I say I want him to have his daughter every weekend so I can go back to work will this be granted?
Parent 1 of 2 27/05/2018 at 11:21 am
********* PLEASE READ FOR GENUINE EXPERIENCE OF SHARED CUSTODY *******
You should be very aware of the consequences of an arrangement such as this:
The reality is (and I do speak from experience). The resident parent will be in receipt of
Child Maintenance
Child Benefit
Wage (if working)
Working Tax Credits
Child Tax Credits
and possibly further government assistance.
The above payments are paid entirely to the resident parent with the exception of Child Maintenance where the payer can expect a reduction if they operate on a 1/7, 2/7, 3/7 time basis - so if you have them 51 or 103 nights a year, you will in effect be paying the other parent for children while in your care for up to 51 nights per year.
Also, the most expensive times are to have your children are of course the weekends and holidays, which I can assure any prospective person (gender neutral perspective here) that this arrangement is very unfair to the non resident parent who will probably be struggling to maintain a relationship with the children, without this extra and unfair financial pressure (who may also has lost their home in the process).
My suggestion for anybody facing such an arrangement, which unfortunately seems to have become a default order. Is firstly, to hopefully come to your own private arrangements, or to ask for a more proportionate contact arrangement, such as 2/7 of weekends, 2/7 of term time and of course 2/7 of holidays. or even if a financial arrangement can be achieved to address the disproportionate distribution of funds.
The children deserve to be cared for on an equal basis or at least fairly by both parents.
Good luck and I would be interested if anybody has had any court judgements that considered this?
Chopper 21/05/2018 at 4:13 pm
Thank you for the response.
I have attended mediation and my wife did not respond.

My wife has only stated she has had professional advice to not allow over night stays as it can have many issues with my daughter.

No actual concrete reasons to why coincidently she sent this email the day after a financial disagreement.

Thank you for your reply it has put my mind at ease.
SeparatedDads Editor 21/05/2018 at 11:14 am
You can see how child arrangement orders work via whichwhich should tell you all you need to know. The courts will want to know that mediation has been suggested or attempted first before court will allow you to apply. Much depends upon the reasons your ex says that she has decided to stop overnight access. However, as a parent with equal responsibility of your child, you can challenge this. If you have had consistent access to date, then there is a good chance the court will re-instate this, as the courts do want non-resident parents to have fair access to their children.
Chopper27 20/05/2018 at 10:53 pm
I forgot to mention my daughter is now 4 months old.
Chopper 20/05/2018 at 4:42 pm
Hi,

Me and my wife have been separated now for three months in this time she has allowed me to see my daugther and have my daughter over night.

However after a dispute over finances she then sent me a email stating that she will no longer allow my daughter to stay with me over night and I can only see her once every two weeks. She stated in her email that she has spoke to professionals and they have informed her that allowing my daughter to stay with me over night can cause MANY issues for my daughter.

I was wondering if what she is stating is true would “care professional” tell my wife such things as stated above?

I have already contacted my solicitor to start court proceedings.

Regards

Amit
K3l02 07/05/2018 at 9:40 pm
Nearly four months me and my ex have been spilt up we have 3 boys together the problem is he think he can come and go whenever he pleasers and when he has them staying over once every month for one night need some advise On how to go on about there he has them once every two weeks Friday night to a Sunday
LizV Editor 03/05/2018 at 10:37 am
@auntie - only if the dad stops the kids seeing you should you pursue it. If you have a working arrangement where both of you take care of the kids, then it is better to stick to it and work through agreement. The only legal way you can challenge it is through court. You can guarantee that if you try to challenge it through court, the kids' dad will go on the offensive and probably deny access. The court will then not necessarily rule in your favour. Unless the dads is a bad parent, it will always choose the natural parent. I'd tread carefully and keep on good terms. It's what most parents do when they decide access arrangements. When the kids are 18, they can make up their own minds. Just my opinion for what it's worth. L.
auntie 02/05/2018 at 12:14 pm
Hi all. I am the aunt of two children, my sister, their mother died a year ago. I cared for the children for a large part of her illness, she was a single mother, dad had them every other weekend. He has parental responsibility and the children legally live only with him since her death, he is their only legal parent/guardian.

I have had them with me for about 50% of the time including overnights since their mothers death, I have been keeping a record. We have a schedule of when I have them, which for the most part is kept to. They have bedrooms both at their dads and my home. I also do most of the school/health appointments, school runs, clubs etc.

Currently I have absolutely zero legal/parental rights, which I would like to change. This is a joint custody arrangement in all but name, I am their parent, in all but name, and I want it to be made legal. How do I go about doing this:
1, if dad agrees, and as I doubt he will;
2, without his agreement.
Mike 27/04/2018 at 11:55 am
Hi , I'm in the middle of a separation. I am applying for social housing and wish to include my daughter in the process of the bedroom requirements. Unfortunately as my wife (ex) claims the child tax credit they won't consider the extra bedroom need and my priority is lessened. Do I need to apply for joint custody to obtain the 50% child benefit as my ex is stating that if she allows me to claim it she will lose her tax credits allowance . Is this true? Thanks
SeparatedDads Editor 19/04/2018 at 3:40 pm
Only one person can apply for tax credits and child benefit. Some shared-care families choose to split the benefits, or one parent claims child benefit whereas the other claims tax credits.
Happyday 19/04/2018 at 6:50 am
Hi,

If you have a joint care agreement, does that mean you can both apply as main carers for tax credits?
SeparatedDads Editor 17/04/2018 at 3:43 pm
It's understandable you don't want a five days rota if you have a two-year-old child. The thing is is not to agree with a rota that you are both not ready to agree with. However, court would be considered the last resort if either you or your partner cannot come to an agreement and wish to push the issue further. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Tracey 17/04/2018 at 11:06 am
My partner and I live together. We have a 2 year old daughter. We both work full time. He has decided he no longer wants to be with me after being unfaithful with someone else. We are now selling the family home and buying a home each. I work in Andover and we currently reside in Eastleigh. He is insisting on 50/50 care which devastates me however I don't feel I can argue this as he has equal parental rights. I have therefore felt that it's best to buy locally even though I work 50 mins away (in traffic) so that things can work however he wants to have a rota of 2 days on 5 days off, 5 days on 2 days off. This would mean I wouldn't see my daughter for 5 days in a row and the thought of it makes me feel physically ill. I can't bear the thought of not seeing her half of the time and 5 days is far too long for her to be away from me (I feel). She's so young. I have expressed how I feel but he turns really nasty when I raise how I don't like the rota he has suggested. We have tried mediation but it hasn't really addressed what I want to discuss and was more financial than anything else. We are not married. Mediation is £300 a session and I just don't have the money. I'm not sure what to do. Please can someone help?
Gregory 31/03/2018 at 10:22 pm
I’m a dad that’s just divorced from ex she walked out off the marital home with my daughter and ever since has made everything hard work for me from not agreeing 50/50 access even when it’s what my daughter wants and needs tell me my daughter doesn’t want to see me. The ex asking her daughter to check my house and bedroom for money about and if I’ve got a girlfriend etc. Also I have here over half off the year paying everything the ex does a roof over my daughters head food clothes all her extra activities etc all on my wage only and still paying child support to ex but the ex gets everything else all benefit for my daughter her own wages my payments to her every week. The ex has now moved to a different town but my daughter still goes to the same school I’ve been call up on to pick my daughter up from school numerous off time due to no picking her up when with her mum or I’ve had to collect my daughter because her mum was going to be late to. I’m stuck and wondering what I can do and my rights and do I have to pay her the money even though I have my daughter nearest dam it 50/50
Shakey 29/03/2018 at 6:14 pm
My son has custody of there 4 girls. The mum left there council home, and lived in Liverpool with new boyfriend. She had mental health issues. The court ordered my son the house, for the girls. The mum didn't even go to caught. Kids been with dad 10mths at there home. Her name taken off tenancy card. Earlier they went to court, claiming she's mentaly stable, had medical evidence off psychiatrist.
So now she's aiming 50-50, custody.
My concerns are, can they kick my son out of the house. Even though he's had girls there as single parent. And he's doing a great job please give me your thoughts on this, thankd
SeparatedDads Editor 29/03/2018 at 10:00 am
I am sorry to hear this. Unfortunately, a court will not force a parent to have contact with their children where a parent is unwilling. It would not be viewed by court as being in the children's best interests.
JD 28/03/2018 at 3:22 pm
I’m mother asking advice on fathers rights. My trouble is I have 2 kids that live with me and see their father every other weekend. However, he often changes this and sees them 2 nights a month. He kept a house near me but moved over 80 mins away and lives there when doesn’t see kids. He makes no effort to see kids or ask about them in between. It’s like they don’t exist. He has 10 holidays a year and at push will have kids for 6 days a year. Is there a law where I can make him see the children. I suspect not but My eldest is in pieces over his lack of involvement. He doesn’t even visit when they were both rushed hospital (separate incidences) nor attend any parent evenings etc.
Just me 27/03/2018 at 10:31 pm
Hi everyone,
I’m in a real predicament and need some advice. I gained an access order for my daughter 10 years ago that gives me roughly 8 days a month. However it’s been fluid for that time and would say I have her closer to 12 days a month depending on school holidays etc. Over the last few years my ex partner has become more and more ‘neglectful’ From not bothering to take her to any of her chosen activities because she’s ‘too busy’, not being able to cope with being a mum meaning she stays at my daughters nans house in a double bed shared by 3 of them or my daughter sleeps on a sleeping bag on the floor (she is 11 by the way) and when they do stay at their flat she feeds her complete rubbish the flat is full of damp, condensation and freezing cold coz she can’t afgird the heating bills, to now sending her to a terrible school when I have one of the best schools in the country on my doorstep and it’s just out of spite towards me. So over the last few months my daughter has approached me saying she wants to do a week at mine and a week at her mums, but her mum refused to even discuss it, my daughter said she wanted to attend the school close to me her mum again refused to discuss it. My daughter asked me to take the matter to court yet 2 days after returning back to her mums has now decided she dosnt want to see me anymore leading to her mum breaking the court order and picking her up from school early without my knowledge. I havnt seen or spoke to her since (2 weeks ago) so I am now lookjng at going back to court to seek a change to the order granting me shared custody and placing her in my local school. I’m doing it with a heavy heart as my daughter already has been and will continue to be in he middle. However her mother is both unable and unwilling to give her the quality of life she both deserves and is able to get being with me. She has refused mediation and any form of negotiations. My questions are what is the likelihood of the judge changing the order and me getting what I seek? Is it worth the heartache it will undoubtedly cause my daughter if the chances of change or very small? And finally has the courts stnace changed in recent years as I found it so ‘mother’’ Orientated 10 years ago even though my daughters life would have been far better with me. Thanks in advance
May 27/03/2018 at 9:10 pm
My husband and I have recently separated. He sees our 2 children regularly during the week and then every weekend for a sleepover. He wants to have the children for 2 weeks during the summer holidays. 1 week July and other Aug. The children have told him and me that they do not want to go for this long. Do they have to?
SeparatedDads Editor 27/03/2018 at 2:32 pm
You would either have to agree between yourselves, through mediation or as a last resort either parent can apply to court. There are no particular 'rights'. If you cannot agree between you then a court will decide what it thinks is in the best interests of your child. If your ex has a police record for assault, then the courts will take this into consideration when making a decision.
Sarah J 23/03/2018 at 4:12 pm
Me and my partner have seperated. He is a binge drinker and hit my son from a previous relationship. We have a son together under the age of 1. I want supervised contact as I don’t trust my son with him. He has previous record for assault.

I’m the main one who cares for our son, he spent limited time with him since he was born

What are my rights
SeparatedDads Editor 20/03/2018 at 10:48 am
Unfortunately, only renting privately can solve this issue.
mjb 19/03/2018 at 6:59 pm
Hi

any advice or similar experience would be greatly appreciated.

I have a 6 year old son with my ex partner, I have him 6 nights out of every 14. I am on the housing register for a 1 bed property but the council refuse to upgrade that to a 2 bed property unless i can prove that i have joint custody. When i eventually get a property 1 bedroom will not be adequate for a myself and a growing boy so id like it changed as i'm waiting anyway. Does anybody have anything that can help me. The ex partner was given a brand new house within weeks of the seperation (standard) and after several months of not coping with my mortgage payments my house was sadly repossessed.

cheers
John 16/03/2018 at 3:59 pm
I am looking for some help on behalf of my son please, He has a child from a previous partner (she is coming up for 1), he did have agreed access for about 2 months however she then decided that he could no longer have access to his daughter and went to a solicitor.

He has been trying to get a solicitor to assist with his case and has applied for legal aid.

He eventually received a letter from them today saying that he was entitled to up to £4000 of legal aid but that he would be liable for approx £11000.

My son is now very, very upset as this sum is ludicrous in the extreme and being on a very, very low wage well outside his ability to pay or even consider.

Can you give me an idea of the realistic potential cost of attempting to get some access to his daughter.

I say its for my son and that is true but myself and my wife really want to see our granddaughter as well.
T 12/03/2018 at 2:50 pm
I’ve recently had a finding a fact hearing what seem by the judges judgement it has gone in my favour.
My boy will be 3 years old in April, I have not seen him since he was 9 months old.
Prior to that I was with him everyday.
I most likely won’t begin to see him until after May.
My question is will he know who I am, what a dad is? How will Cafcass help in this area?
Thank you
SeparatedDads Editor 09/03/2018 at 1:54 pm
There is no set rules when it comes to child arrangements. You either decide between you, decide via mediation (which is usually compulsary before your ex will be allowed to apply to court), or let the court decide on your behalf and upon what it thinks is in the best interests of your children. The standard court ruling is every other weekend and one night in the week (either overnight or not). However, the court's decision can differ and much depends upon the amount of input the non-resident parent has already. If it goes to court, you are both committed to keep to the order. Therefore, it is always best to try to agree pre-court.
Suzy 08/03/2018 at 8:54 pm
I am in dispute with my ex, we can’t come to an agreement for him to see our 3 boys, his new partner usually picks them up from school on a thurs and return them on a sat afternoon, but this changes very frequently as they make excuses that they can’t get them on a thurs, so it’s sometimes fri, I hav always been flexible with him but when I need to be flexible he always creates, and says it’s his time, (we have nothing set in stone of times) a few weekends ago he refused to return 2 of our son on the sat evening (I had the eldest as I’d had him at football) then again on the sun then on the mon they went from school for tea and he again refused to bring them home, things have now got messy and a solicitor is involved, I have surgested that he has them one week from a thurs after school till sat 1pm the next week he has them wed for tea then fri after school then returns them sat tea time sat, I thought this was an equal time on weekends for the children to have quality time with both parents, he has refused this proposal and said he’s seeing a solicitor and said when he spoke to solicitor and told them he wants the children after school on a fri till sat night (basically he wants them every sat all day) the soloicitor said he will be granted this as I don’t work and hav more time with the children, could you please tell me if this is so and if I’m being unreasonable with my proposal.
SeparatedDads Editor 08/03/2018 at 11:27 am
If you think your ex may leave the area without your consent, then you can apply for a Prohibited Steps Order. However, there is no guarantee you will be awarded one. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. Mediation should be approached if the matter is under discussion. However, if you wish to challenge your ex's decision then you would have to apply to court. Joint-residency wouldn't work because of the logistics. You may be able to apply for residency, whereby the children would stay with you. If you can justify why they should, i.e family connections, school, stability etc, then the court may rule in your favour to allow the children to stay. This can occur where the other parent is seen to be moving away deliberately or to restrict access. However, if your ex is moving away for a genuine reason, i.e work, family etc, then she may be allowed to take the children. Also, given your daughter is aged 13, she will be allowed to voice a preference in court. Our Separated Dads forum may help you make the decision regarding whether you wish to challenge your ex. Please keep in mind that if you can work it out between you, this is far better than taking the matter through court.
confused 07/03/2018 at 10:52 am
Hi,

I have a court order in place whereby my ex has residency but we have a 50:50 split with the kids same days every week that has been in place since 2012. I didnt dispute this at the time as my concern was the 50:50 contact split. Neither of us have deviated from this but she is now planning to move 5 hours away. Kids are 8 and 13.

This is not acceptable for me and I am wondering how the courts may view this and if I would be best to seek joint residency or to apply for a prohibited steps order?

Thanks
Stuart 05/03/2018 at 9:31 pm
Good evening,Hoping you can help.I split from my ex two years ago and she has since had full custody of my two sons. I work 60 hours Monday to Friday all over the country including working from home of an evening. This ensures I can still pay the vast amount of maintenance as well as support my new partner and our daughter. There is an arrangement in place with the ex, in writing as part of “parent plan” scheme. I have them every Sunday from 9am to 3pm I do not waiver from this. I also have them one full weekend (11am sat to 3pm) Sunday once a month. I moved in with my new partner a short while back in to her and her two children’s established home after they had split with her ex, there life is set up. Her oldest has his own room (very small) and her daughter and our 5 week old have a shared room. There is not any more spare rooms in the house so my children sleep at my mums when we have them for the weekend which they are happy with. My working pattern and job role prevents me having them overnight during the week so the above situation works in that it gives me one day a week with my children from previous relationship and one day a week to spend with my partner and our daughter. I feel this is a fair offer as well as the £800 maintenance I pay a month.My youngest son (with my ex) is a bit of a terror, he plays up and is verbal and sometimes violently intimidating towards his mum and older brother. She now says she cannot cope with him and he has to live with me or at the very least I have him from Friday to Sunday afternoon every week. Where do I stand on this?!? This would leave me no free time for my daughter, partner and I to spend solely together? Any help/advice would be appreciated. Stuart
She 03/03/2018 at 2:16 pm
My partner and I have his 3 year old daughter from Sunday to Wednesday every week and has been like this for 2 years, his daughter's mother has been funny towards us the last couple of months and now she is threatening him with moving away so he can no longer see her. He's been talking about taking his ex to court is this better than applying for parental custody? We don't really want to drag it to court but she's leaving us no other option as she will stop contact any time it suits her.

Thanks
Souldestroyed 28/01/2018 at 4:25 pm
My ex wife left me for another woman 3 days before Xmas we have 2 girls 3 and 6.We are at an amicable stage for the sake of the girls and I have always wanted joint custody.
We have tried a few different rotars but the one we've found works best for the girls is Friday to Sunday alternate weeks then she has them Monday and Tuesday every week and I have them Wednesday and Thursday every week so it keeps a routine.
Oh and Skype is a single parents blessing!
Hope this is of some help to someone I know these are very hard times to get through.
Csn 23/01/2018 at 10:58 am
Separated from my ex in March 2017, it was a very abusive relationship. We have a 2 year old daughter together and I was giving him access for a few hours in the week and every other Saturday as he did not have facilities for her to stay over night as was in a house share. Every point of contact with our daughter he was using it to get at me and being very abusive and aggressive in front of our daughter. He was also not taking care of her basic needs and was bringing her back wet and soiled, with unexplained injuries and dirty. I made very detailed logs of every point of contact to record this.The final straw for me was him making a threat against the house I live in with my daughter and her becoming very distressed after he was shouting with her in his arms and wouldn't sleep for 4 nights as panicked whenever I left her. He takes steroids which make him very erratic and irrational. Therefore I seeked legal advice. He was told not to attend my property or contact me or a non-molestation order would be served and He was offered contact via a contact centre to remove myself and requested to take a parenting course to learn the skills to care for our daughter. He refused to do parenting course and filed to take me to court. We filed a C1A form for the domestic abuse and we were in court this month. The judge ordered him to do contact via contact centre as he was offered and we are back in April for a review . However, he has stated he wants our daughter 3 nights a week so he doesn't have to pay me any maintenance. He has shown no interest in our daughter since she was born his priority after work was to go to the gym for 3 hours and not see her most days or only for half an hour, he didn't send her anything for Christmas or her birthday, he ignored her in a supermarket when she was shouting him and he saw her, we went on holiday for 2 weeks and he didn't text once to see how she was, he never bathed her and couldn't put her to bed, I went shopping once and he ran me as she was crying.!! He can't even change her and leaves her uncomfortable. However, my solicitor has said he may be granted 3 nights a week, which is keeping me awake at night and breaking my heart as my daughter has never has this amount of time away from me and I worry about her quality of life with dad for all this time as she has never bonded with him. I am happy for contact to progress to an overnight stay every other weekend once he has built on his relationship with our daughter and proved he can care for her needs but 3 nights would break me. What do you think the likelihood of 3 nights being granted is?
Bunk99 15/01/2018 at 12:38 am
I am just in the early process of separating from my wife. She has called the marriage of stating she’s unhappy (rumours of an affair on her part). We have a 4 year old son. I work offshore on a 3 weeks off, 3 weeks home rotation. I would like to have my son overnight, each night I’m home. Do you think this is a reasonable request, as it would work out as 19 days over the 6 week period? How would I look to request this as my wife has said that she only wants me to have him for 2 nights a week when I’m home as it will be too hard on her?
SeparatedDads Editor 12/01/2018 at 12:20 pm
Officially, it is 18 years old where both parents disagree and where one parent is the primary carer and the other the non-resident parent. However, the older a child becomes in their teenage years, the more their preferences will be taken into consideration through the courts, (if the matter cannot be resolved outside of court via mutual discussion or mediation). As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Mojo 11/01/2018 at 12:11 am
I have been seperated since last two years before I used to pick and drop kids three days amicably, my partner works 9-5 and I'm flexible full timer mostly work evening used to pick kids from school and wait until my ex return from work in same house and cook and clean do shopping for them pay almost all bills. on my kids birthday he asked me to come around and I been there before work and my boys come out and full house of relatives there my ex didn't allow me inside when I confront every normal day I lookafter kids in same house and wait for you until you return then she get upset and starts texting me its all my fault I text as well same day when I back home was sleeping police knock door and told me my ex put injunction for me for harrasing by text and warn me not to contact her in any form then I ask police what about children how do I contact them they suggest to go through court since I lost contact with kids and she change lock while we bought house together my question how law works why police supporting only women while I shows all text to police he advised contact only your kids mobile which my ex control most time I call never answer kids fell uncomfortable to talk to me infront of mom she just teaching againsts me I don't find anywhere any help for seperated dad unless you have good money to go to court I think Mens are more vulnerable and suffer more because law never support them they lost house kids no one understand their emotions please help anyone got any supportive advice.... Thanks
Vic 09/01/2018 at 9:20 pm
If I have joint custody of my daughter, at what age can they decide to live with one parent, or can this only be done when they are 18 years old,
SeparatedDads Editor 05/01/2018 at 11:36 am
Your ex is under no obligation to reveal where she lives. If she wishes to keep this information private, then this is her prerogative.
jimmyafc 04/01/2018 at 5:39 pm
can someone tell me the answer to this pleaee.

me and my wife have agreed shared custody of our son. she is not willing to give me her address where she will be havingvmy son on her agreed days. we have separated due to breakdown in marriage. no court orders no violence or anything has happened. i just feel i have the right to know where my sons other home is with his mother. she has my address.

hope someone can clear this up for me
SeparatedDads Editor 04/01/2018 at 11:04 am
If you have parental responsibility, then your ex has to ask your consent before she moves out of the area with your child. You may wish to agree an alternative contact agreement, where you both work around the issue. If you refuse, then theoretically your ex would have to request mediation in order to discuss the matter. If you refuse to attend mediation, she would then have to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, it is highly unlikely a court would rule to stop your ex moving on with her life, unless the move was seen as a deliberate attempt to sever the relationship between you and your child. If your ex is willing to negotiate a new contact agreement, then it is highly unlikely a court would attempt to prevent the move. Therefore, trying to support the move and retain good contact with your daughter is the best way forward. I empathise that separation from your child is difficult to contemplate - but we now live in a society where people move away and even relocate to different countries and unless a court could find a very good reason why a person should not move away, then it is likely they will be given permission.
Andy 03/01/2018 at 4:31 pm
I usually have my little girl from Saturday afternoon until Tuesday morning when I take her to nursery (3 nights). This has been my routine for the last two years. However my ex girlfriend has decided she is moving to York and changing the days that I can see my little girl. It's at least a 2 hour drive and none of my family live anywhere close by. She is enlisting our daughter in a school in there in order to suit her new boyfriend. I'm worried as she has never even been there and all of my side of the family lives close by. Is there any way I can put a stop to this or can she do as she wants
SeparatedDads Editor 11/12/2017 at 12:08 pm
You don't say why your ex has decided to opt out of this arrangement. If there is a valid reason, for instance; if she has had another child, or if work does not allow, or she no longer has the use of a car, then she can offer a valid reason why and you can perhaps come to an alternative arrangement amicably. Your only other recourse would be to suggest mediation in order to try to resolve the issue via a third party, where you both cannot agree between yourselves.
Whopper 09/12/2017 at 10:14 am
My ex and I broke up nearly 6 years ago when my son was 1. She lives 60 miles away from me and for this whole time it has been an amicable split. I have him every other weekend and a week in the summer holidays, and a few days over Christmas. Recently though, she has decided she will no longer meet me half way on a Friday night, I work full time and have a loose verbal agreement with my manager that I can leave early on that Friday to get my son for 16:30 even though I don’t finish work until 17:30. Is this just tough luck or is there something I can do?
Gerald 03/12/2017 at 11:12 pm
I have a contact order in place, and my two daughters (6 and 3) are now sleeping over. My daughter's have bonded with my current partner and really enjoy her company. The other week my daughter's fell asleep with my partner and rather than disturb them I slept in their bed. We woke in the morning, had breakfast and I then returned them home as per current spec on final court order. The x went berserk when my 6 yr old told her about this and really told her off , and also told my 3 yr old not to sleep with my current partner ever. On the following visit my 6 yr old told us what had happened and was really upset because, as I have said, she is very fond of my current partner. I felt terrible for her. My 6 yr old is also saying she wants to spend half the week with me. My x is local, I am self employed. If I applied to court, could I gain shared custody even if my x refuses because of the unnecessary distress she is putting my daughter through ??
Sgp 21/11/2017 at 9:44 pm
How do I go about applying for shared custody, or even full custody? My ex has my daughter living with her but makes no effort at all. She ditches my daughter at every opportunity as her new boyfriend “doesn’t like kids”. He’s also a loser who lives on benefits, has been to prison and has a second income selling counterfeit goods on Facebook! He also has 5 kids that he pays no maintenance for. All while my ex is trying to fleece me for as much money as possible. I have my daughter every weekend plus every Wednesday for tea. I buy her whatever she wants and she knows she is an important part of our family and is always included on holidays and family days out. My ex just sees me as a pay cheque as the CSA don’t take into consideration how much money it costs me to earn my wage. I pay £1400 a month childcare for my 2 other children who live with me and also pay £400 a month fuel as a travel a lot with work. CSA just take your top line and deduct from that! I feel I am the better parent for my daughter with the more stable and safe home and wondered how I can challenge her mother for custody?
SeparatedDads Editor 13/11/2017 at 10:54 am
If you had IVF (regardless of whether your ex had an egg donation), then your wife is considered the mother by birth and has the same rights as any birth mother. As your daughter is 16, then her opinion will count if the matter was to go to court (if a resolution through mediation fails). In the first instance, if you cannot agree you should try to seek a resolution via mediation. If your daughter wishes to remain with you and your ex is challenging this, then a court will take your daughter's opinion into consideration. However, it does not mean a court would agree with your daughter. Neither would the fact your wife was impanted with someone else's egg be relevant to any court decision. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads Editor 13/11/2017 at 10:44 am
You don't say whether you have a court order in place currently. If you have, then unless circumstances have changed in a significant way that affects the access you have with your child, then it is unlikely a court will allow you to apply. If there is no court order currently in place, then you would have to take the route of mediation to try to organise further access to your child. If mediation fails, then you will be allowed to refer the matter to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Rusty 12/11/2017 at 11:19 am
This is a tricky one. I an divorcing my wife and now it's getting a bit nasty and said that she will take my daughter away, this is where it gets tricky my daughter is sixteen and I have said she should make up her own mind and there is no wrong answer, but my ex-wife is saying she has to live with her. Now really tricky my ex-wife is NOT the biological mother. We had IVF treatment and had egg donation. What I want to know is does this affect her rights as a mother or not. She is making it very difficult for me to spend time with our daughter.
Chris 12/11/2017 at 11:05 am
Hi I split with my sons mum 5 years ago up until last year I hadn't seen him for 3 years she made it inpossible now I see him every two weeks which isn't enough. I work 5 days a week and live 20 miles away. Is possible for me to get a court order so I can have my son every single weekend Monday to Friday?
SeparatedDads Editor 12/10/2017 at 11:42 am
Your only option here would be to request mediation (where you cannot agree) and if your ex refuses mediation, then you would have the option to apply to court. It is unlikely you would be granted shared care if you currently only have your son every other weekend. But, it is likely you would be granted an access order, usually every other weekend and one/two nights mid-week. Your ex has no right to dictate whether your current partner is allowed to see your son. However, if your ex will not change her mind, then court becomes the only option. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. But having both parents in your child's life is viewed as important through the courts. Once an access in order is in place, your ex will have to keep to the arrangements. You can also request Xmas arrangements and school holidays.
Mr smith 10/10/2017 at 6:43 pm
My ex parter is so selfish with my son I have him every other weekend drops him about half ten and picks him up at 3 on the Sunday I tell her I want him in Friday till Sunday will pick him up on my way home from work no problem but always says no and when it comes to holidays she says no a couple of days is to much for him to be way from his mum now shes having a new baby with an unknown father and I asked about Christmas and she said I will have a new born and my son will be bonding with the new baby so he won't be coming to mine on Boxing Day because of this new baby I will have to go to her house on Christmas Day to see my son open his presents come on really so what about the family I have now that she says my son is not allowed to come to my house he has to stay at my mums because I have a new partner any ideas joint custody this this something I could possibly get ? Please help
SeparatedDads Editor 10/10/2017 at 11:14 am
It is highly unlikely that a court would attempt to force your ex to have your child more than he agrees to.
Patsy 09/10/2017 at 8:13 am
My ex partner refuses to help out with childcare with our son at the weekends so that I am able to work. Our son lives with me full time and only sees his dad for half a day on the Saturday but he refuses to have him for any longer so that I am able to keep my job going at the weekends. Can I seek legal advice any this?
SeparatedDads Editor 06/10/2017 at 2:37 pm
Unless you can agree with your ex, or through mediation, only a court can issue this.
SeparatedDads Editor 06/10/2017 at 11:27 am
The main things is to try to find out why your ex has changed your previous agreement. If you wish to challenge her reasoning and you can no longer mutually agree, then suggesting mediation would be your next option. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Court is the next option to consider, if your ex does not have a justifiable reason why she has changed these dates. The thing is to be fair but firm and let your ex know that, you will take the matter further.
Paul 05/10/2017 at 6:36 pm
Hi, I seperated from my child's partner approx 3 years ago and since that point we've had a set routine of when he stays with which parent. I have him overnight 3 days a week and then for tea on one of the nights that he doesn't stay.

All of a sudden she's decided to change his routine and saying I can only have him 2 nights a week and for tea one other night.

Can she do this? What's to stop me saying the same things to her? I don't get where I stand on the matter legally
Concerned Father 03/10/2017 at 11:04 pm
I have my young children 137 nights a year and take them to Nursery every week day morning and am interested in applying for shared custody as the children's mother now has a boyfriend who I suspect she'll move away to live with. I have a really good relationship with my children and would be devastated not to be involved day to day in their lives. Even though the children are almost 2 and 3 with us having compromised and persisted with an arrangement, can I just apply for joint /shared custody? Also, will joint/shared custody prevent the mother being able to just uproot the children from where they are being brought up with family, nursery and myself?
bellz 03/10/2017 at 3:35 pm
my daughter is 10 months old I'm i eligible for Shared Residence Order (SRO)
SeparatedDads Editor 03/10/2017 at 2:51 pm
Your son and his ex can agree to uphold the original order. However, should either parent renage on it, as they are both living in Spain there is nothing to enforce the order as they are no longer living under English family law.
Debs 29/09/2017 at 3:16 pm
My son and his ex went to court over their daughter , it was agreed at court that she lives with the mother 4 days a week and my son the other 3 .
They got back together and now after 3 years it’s not working too well( and they moved to Spain 2 years ago)
Does it mean that the english court order still stands after 4 yrs and being back together 3 and in Spain for 2 .
As my son wants to have her full time if he can
SeparatedDads Editor 29/09/2017 at 2:19 pm
Having your step-son overnight Monday, Wednesday and every other weekend doesn't equate to shared-care. Child maintenance payments are based purely on overnight stays. You can calculate how much your partner should be paying due to the amount of overnight stays here. I'm not sure why your partner is insisting on a shared-care agreement, you'd have to explain further. If it is because his ex is unreliable when making arrangements, then mediation may be the solution here. If mediation fails, then your partner would have the option to apply to court.
jem 28/09/2017 at 11:32 am
Hi I'm enquiring about arrangement myslef and my partner have with his ex over their son. They have been split up over 9 years now. We have been together for 8. We have my stepson Monday Wednesday and every other weekend all weekend. He spends 70% of all holidays at ours as both my partner and his ex works so muy stepson stays with me. We keep asking her to agree to a shared custody letter or an offical arrangement to be out in to place but she refuses every time. My partner pays out for half the uniform half the school trips and she still wants more. We have looked into if he should pay child support. but we've been told no as we do have him more than she does. She still tried to call the shord, and change the days as she says there's nothing in place, and she's my strpsons main parent. so she can when ever he's ill its is that look after him. Its even been suggested that she signs over the child benifit form to confirm he state with us as its a legal document but she said no as shell lose her money we told her to keep it in her account or we'll give her them money back each month but she refuses what shall we do my partner has tried to be amicable for and not be to pushy on the subject but it is effecting our lives so much she is constantly changing days and giving him ultimatums saying she has the rights what do we do
Garo 22/09/2017 at 8:09 am
HELP! we have just separated and she wants full custody of our 12 year old daughter. her statement is full of lies and exaggerated truths. Does custody mean she can stop me from seeing my daughter if she wants? Do I at this point argue to see her at regular intervals? Or does this not make a difference to me seeing her? Should I try to get joint custody?
SeparatedDads Editor 19/09/2017 at 12:27 pm
There are two kinds of child maintenance arrangements; a family-based arrangement where you agree between you what you should pay, or the resident parent can apply via CMS. You can see how much you should be paying via whichIf you pay child maintenance via CMS, then you do not (unless voluntarily) have to pay anything more. Some non-resident parents find they have been paying more via the family-based arrangement. Anyhow, it acts as a good benchmark regarding what you should be paying as a percentage of your wages. Paying child maintenance via CMS doesn't mean contact will be restricted as a result, it just means you pay the money directly to your ex instead of through negotiation.
SeparatedDads Editor 19/09/2017 at 12:19 pm
The forum may be of use to you (you can access this at the bottom of the page). Reading all the Separated Dads pages will also help (better than I could sum up in a few sentences). However, if you are fighting for shared care of your son and you haven't seen him for 10 months, then it is unlikely you will be awarded shared care. Shared care is usually awarded to dads who have previously equally shared the upbringing of their children on a day-to-day basis and where no one parent is essentially the primary carer. So, you may need some extra professional advice if you are thinking of fighting for shared care where you have had little involvement in your child's life for a while. However, before the matter goes to court, the court will have expected you to have suggested and/or attended mediation in order to try to resolve your issues out of court, before it will allow you to apply. Court is seen only as the last resort where the mediation process has failed.
Roman 19/09/2017 at 3:17 am
I split with my ex ten months ago I had a few things to sort out after we split so I was in a position to fight for access I'm now ready. My son was born in 2014 after the law changed so that if the dad was on b.c. both perants have the same rights is this true as iv still got to go through this grilling prosses and want to no wot to expect
Mark 19/09/2017 at 1:59 am
Hi ...I've been split up seven years from my ex and have paid monthly towards my 2 girls , 8-and 12 , I also help pay dinner money , and dance and drama and school uniforms , I also pick my kids up from school when I'm on 6-2 and night shift , and I'll take my kids to school if I I'm on 2-10 , I also have my kids 2-3 nights a week ,everything was going fine until last week when she started demanding more money or she would go csa , I'm really confused , I do as much as I can and pay as much as I can , I drive every we're to collect them or take them home , my new partner says I need to stand up to my self with her , but I fear I'll lose all the contact I have with my girls , any ideas ?
SeparatedDads Editor 15/09/2017 at 2:14 pm
Even if the court says the child lives with both parents, by the fact the mother has the child five nights per week opposed to the father having the child two nights means one parent has the child more. If your friend wished to apply for official shared care and the mother refused, he would have to refer the matter back to court. If your friend is on a low income, he may get help with his court fees
SeparatedDads Editor 15/09/2017 at 12:59 pm
There are no rules regarding joint custody, or residency. Much depends upon whether you and your ex can come to an agreement between you. If you cannot, then you would have to explore mediation as a way of trying to resolve living/access arrangements. You can see how much maintenance you may be paying (if you are the non-resident parent), which
SeparatedDads Editor 15/09/2017 at 11:12 am
You don't say how old your daughter is. If she is over the age of 11, then her opinion will be taken into consideration should the matter have to go to court. In the first instance, you should suggest mediation to your ex in order to try to come to a resolution outside of court. If you ex will not consent to mediation, then court would have to be your next option i.e you would have to apply for a Specific Issue Order (you can find the page referring to this in the Separated Dads articles - our computers are currently down so unfortunately, I can't provide a link). As you have parental responsibility, your wife would have to request your consent to move away from the area and if you refuse, she will be able to apply to court. If you fear your wife may attempt to move without your consent, you can apply to the courts for a Prohibited Steps Order. As in all court orders, when making a decision the court will always make it based upon what it thinks is in the best interests of your child. You may wish to seek legal advice in order to fully explore your options.
SeparatedDads Editor 14/09/2017 at 3:46 pm
If you cannot agree this between yourselves, you would have to suggest mediation as the next stage in the process. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings and is a formal negotiation. Courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Mediation is seen as a legal requirement before a court application can be submitted. The primary reason is that mediation is an opportunity to come to a mutually agreed decision, one that both parents can take ownership of and want to ensure works. It might make your ex sit up and think if you decide to take a semi official route in order to try to resolve this situation.
Hsidi 14/09/2017 at 2:13 pm
I have joint custody of my daughter with my wife who is moving up north approx 4 hours away from me. My child has chosen not to move with her as her school friends and family are here however my ex is determined to take her. Where do i stand in terms of her mother taking her without my consent and against the will of the child?. Initially the mother was happy to allow our daughter to make up her own mind however after hearing the decisions she is kicking up a fuss.

Many thanks
sam 14/09/2017 at 1:47 pm
i have two daughters 15 and 12 .. i would like to know the law regarding full joint custody and maintaintainance ...sam
SeparatedDads Editor 12/09/2017 at 2:07 pm
It is more than likely the court will listen to your son and not upset the current equilibrium. The court will always decide what it thinks is in the best interests of your child and unless disruption is necessary, then the court is likely to leave things as they are. However, we cannot predict what a court may decide as it is very much dependent upon personal and family circumstances.
Livie0208 12/09/2017 at 10:32 am
Hi, I've got two children who see their dad regularly, he picks them up on a Tuesday and Thursday night then will drop them off at 8am the following day so o can take them to school, he will also have them on Friday, Saturday maybe Sunday nights if I work. I usually get one weekend off a month and I'll have the kids then. The father doesn't pay maintenance as he has them just at much as I do so we thought it would be unfair. This was the fathers arrangement when he was single, we've done this since we split 18 months ago. Now the father has a girlfriend he is wanting to change the weekends so he has them two weekends a month - where do I stand on this? His argument is that he wants to spend alone time with his girlfriend which I totally understand - don't we all but with me working three weekends a month this will obviously cause an issue with the children, I can't do two weekends. Am I being unreasonable? Is he being unreasonable? This was his arrangement and now it's all blowing up because his new relationship. Where do I stand and where does he stand? Thanks in advance.
Jo 11/09/2017 at 2:59 pm
Hello my ex is applying for joint custody my son is 12 and has lived with me for 12 years with his step sister aged9. My son has told me he doesn't want to live with him just see him at weekends what will happen
SeparatedDads Editor 11/09/2017 at 2:19 pm
In the first instance, you would have to have an informal chat with the mother (if you are on amicable terms) requesting you have your daughter more. If your ex refuses and you wish to pursue the matter, you would have to request she attends mediation. If your ex refuses mediation, then your only option would be to apply to court as a last resort. However, it is unlikely you would be awarded shared care as a court will always opt for what is in your daughter's best interests and any disruption to her living routine, isn't, especially as you only have her currently bi-weekly. Your daughter is still too young to be allowed an opinion though the courts of where she would like to live. It is understandable that as she sees you infrequently, she misses you all the more. I can only suggest you try to negotiate more access and build it up to where you almost have shared care. Step-by-step and informally is the best way to negotiate more access. The courts are seen only as a last resort.
Rick 10/09/2017 at 6:36 pm
Hi, I wanted to ask you guys for some advice. I have a 7 year old daughter who is my World. I currently have her every other weekend and her mother has her the rest of the time.However my daughter begs me every time she is with me to live with me. It breaks my heart to see her going through this and I feel completely powerless to change it for her and I feel like I'm failing her because of it. What can I do? I want her to live with me too but where do I go with this and have I got a good chance of making this happen for her? Is she of the age to decide in a legal case where she wants to live? I have a great relationship with my daughter. I have NO criminal convictions, NO court orders against me. I'm just a regular loving father who cares for his child. Its emotionally heart breaking even for a Dad not just the mother to be separated from there child when the child's wishes are to live with there father.Could someone please help me with any advice. I don't want to keep failing my daughter on this, I have to do something. Thank you everyone for reading this. All the best Rick
20160o 08/09/2017 at 12:33 pm
Just wondering if I could have some help. I know someone who has a court order in place as ex wouldn't allow them to see their child. The ex gets CMS off this man, however looking at his court order I noticed it stated that their child lives with both parents and didn't say that the mother was resident parent and father was not. Just wondering if this has any effect on cms. It states that the child lives with both parents. Father has child two nights because the mother told the court she didn't want 50/50 split as the child was young. Court agreed. Would go back to get 50/50 now child is older however just don't have the money at the moment. My question is if the court order states that the child lives with both parents. It even says child 'lives with the father Monday 9am until Wednesday 7pm' child 'lives with mother Wednesday 7pm until Monday 9am '
SeparatedDads Editor 01/09/2017 at 11:43 am
Applying for custody and residency should always be with regards is what is important for the welfare of your child, not yourself or as a benefit to you financially. By law, every non-resident parent has to pay towards the financial upkeep of their child. If you are paying child maintenance this is assessed via the CMS on the amount of days you have your child overnight i.e your payments are reduced for the more overnight stays you have your child. Your ex cannot be expected to pay towards the furnishing of your child's room at your house. On the other hand, while you are obliged to supply your child with clothing and supplies at your home, you are not obliged to pay out more than child maintenance requests, where your ex asks for more money. If you do, this is at your discretion. Taking into account all the sundries a child needs, bringing up a child is expensive. According to the latest figures(pdf) from Liverpool Victoria (LV=) it costs around £218,000 to raise a child in the UK. This equates to around £10,400 a year and £865 a month. It may help to put things into a financial perspective. With regards to your ex changing your daughter's school without your permission and/or having no set days of access, then where you cannot agree mediation may be an option to suggest to your ex - or as a last resort (where mediation fails or is refused), the courts.
SAL 31/08/2017 at 1:06 pm
Hi I have separated from my ex and get to see my daughter 3 days a week. Originally it was Wednesday, Thursday and Sunday now it's Sunday and two random days in the week where I have no say and if I can't have on the days selected I don't get to see my daughter. Maintenance was agreed at £100 but has gradually risen to £190. Granted my wages have increased.
My concern is I get no financial support even though I have my daughter nearly half of the week including one full day at the weekend. My daughter has her own bedroom including a wardrobe at mine and I am expected to contribute to other aspects of my daughters life-most birthday parties are on a Sunday, school uniform etc.
My ex also changed my daughters school without consultation which I thought was wrong.
Should applying for custody be an option for me?
SeparatedDads Editor 25/08/2017 at 9:55 am
I am sorry to hear this. It is the place where many non-resident parents are caught between; not being actually denied access, yet not having what is considered fair access between two parents. At the same time the NRP is scared of rocking the boat and possibly being denied access altogether. I'm not sure if there is any difference in the Isle of Man, but generally if there is a court order in place this stands until either the other parent stops access and your partner could take the matter back to court to have the order enforced. Or he applies for a variation to the order i.e if the order has been in place and has worked successfully for a period of years, there may be a valid reason why he would want access increased i.e to continue building upon the relationship with his child. However, mediation would have to be explored first before a court would allow him to apply. I can only really suggest your partner seeks more professional legal advice to see if there is an alternative way around the problem. Unfortunately, it's not really and answer to your question, but it seems unless his ex relents and eases up a bit and/or he makes a significant stand, he remains between a rock and a hard place here.
Prin 24/08/2017 at 12:40 am
I have recently become involved with a single dad who is having a nightmare of a situation with his ex wife. As a single mother my child has a great relationship with his dad we are pretty much 50/50 were co fact is concerned and I don't really understand how any woman can use a child as a weapon. My partner has told me he has been to court in the past but because she technically isn't stopping him from seeing his child there isn't much they can do for him in that sense? I think he is scared to push for more contact as she pretty mich rules him and I think he is scared to lose the little co fact he has with him. 1 night over the weekend an a few hours on a Wednesday evening. As he was married and he is on the child's birth certificate does anyone have any advice o can look into? We are not in the UK unfortunately we reside in the isle of man And am not sure what difference that makes. I think he would just be happy with abit more contact and a set schedule in place bit she seems to make it as difficult as possible especially now o am on the scene. Any help or advice would be greatly appreciated. Thanks
Garri33 23/08/2017 at 3:29 pm
Hi,
My Son & His exgirlfriend split up recently and they came to a verbal agreement that he would have his Daughter (who is 18 months old) from Sunday morning until Tuesday night.Recently she has rescinded on this arrangement and demanded that he only has her on a Saturday & Sunday from 9.30am until 5.30pm.He declined this demand and when he went to collect his Daughter as normal of the Sunday morning she refused to open the door or answer any of his calls or text messages.He has had no contact with his daughter in over two weeks.Please can someone advise what course of action he should take.
Thanks
Garry
SeparatedDads Editor 21/08/2017 at 11:44 am
Yes, your husband would have to suggest mediation before any application to court can be made. If his ex refuses mediation, he will then be allowed to apply.
Deb 19/08/2017 at 9:32 pm
My husbands ex has stopped us seeing the children as he won't agree to what she wants. He can't see the kids weekends as he works and she'll only allow him 1 night during the week but has told us now to go to a lawyer. We did this 2 years ago and the letters didn't make much difference. We're going back to see a lawyer. Do we have to go to mediation before court? I can't see it ever working!
Bag1 10/08/2017 at 6:11 am
I was married to my ex for 10 years before she decided that my company was no longer required. I have three daughters who I see on average three nights a week due to shift patterns. I had a consent order drafted and ratified by a judge to agree a maintainance deal where I would pay a certain amount each month. The amount was agreed by us both along with the house being transferred to my ex so she could have all the equity. My ex has now decided that she is not happy with this and the consent order is now over 12 months old. Is anybody aware whether the consent order can be changed without my agreement when it was all agreed to by both parties and witnessed by a magistrate?
SeparatedDads Editor 07/08/2017 at 3:21 pm
Ther court will always decide what 'it' thinks is in the best interests of the child and it is unlikely to force a reluctant non-resident parent to take a child where the child is not wanted. However, it is likely mediation will be suggested first so you can try and work this out between you both.
Ellie 06/08/2017 at 7:39 pm
I have a daughter age just 1 year I split from my ex in march 2016 she was 7 months . He wanted other child I didn't anyway I went ahead and had one for him now he's left me I want him to have my daughter 3 days a week I feel he wanted other baby he should step up and be a dad he said he's not having her and I don't tell him when he has her I feel it very unfair we should share the bringing up of her . He's told me he taking me to court because I want him to have her 3 days lol I would like some advise on what the court will do thanks
MM6 02/08/2017 at 4:55 pm
We are currently going through a divorce after 5 yrs of separation. During this we have established a 50/50 share of childcare. Now i am being threatened with a CMS application. How can i show/apply for joint residency? The rules appear weighted against the person who is classed as the non-parent even if they are fully contributing.
Mr bean 02/08/2017 at 3:50 pm
I have 2 children 14 and 6 who stay with me when there mum is on shifts so can vary quite a bit from week to week but works out at 60% of the time they live with me.
I want to apply foe joint custody to protect my legal rights and my future contact with them. She has said no in case she wants to move in future. She claims the child benefit and tax credits and does not help me out although she does buy clothes and pay the childcare fees, after this she has 400 left over a month. even though I am starting from scratch as I left her everything when I moved out.
Would applying for joint custody be worthwhile? Would a judge decide if I would be considered primary carer? I have spoken to amediator but I just want to get the MIAM and go to court as she would not be willing and it is also not legally binding and she could change her mind at any rime
SeparatedDads Editor 01/08/2017 at 3:21 pm
Your partner would have to try to resolve this via mediation initially, if his ex will not agree. If his ex refuses, then your partner can refer the matter back to court. If the court order specifies that this is the minimum amount of time your partner should spend with his child and his ex refuses to extend this, then he may have a case. He may wish to seek legal advice. Alternatively, sometimes a solicitor's letter referring to the terms of the order may do the trick.
Step mum 01/08/2017 at 1:49 pm
My partner regularly encounters problems with the mother of his son. A few years ago before we had a contact order in place, my partner would have to go without seeing his son for weeks because his ex would continuously use their son as a weapon to blackmail him. This was all due to the fact that we had started a relationship and she did not want him to move on. Before out relationship had started he had his son more than her most weeks. But because she didn't like that he was trying to move on in his life she would stop him from seeing their son. Eventually I convinced him to proceed with a contact order. The court heard that his ex was not spending enough time with their son so it was agreed that my partner would have his son every Tuesday and Thursday for overnight stay and every other weekend from Saturday morning until Sunday evening. Although this seemed like a good result it ended in my partner loosing out on a lot of quality time with his son. The contact order was put in place to ensure that the above days listed is the minimum time he must spend with his son. But when we ask for any extra time, one more overnight stay or for him to come for dinner one evening she almost always says no. We never have him 2 nights in a row because she also won't allow this. And now that his son is older and we have our own house only 2 minuets drive down the road from his sons mother he asks to stay more. There's a lot more going on than this on a daily basis but for to much to explain. I have said to my partner that it may be best to go for joint custody so they both have the same amount of time with there son. Do you think that this would be the best move?
Many thanks
SeparatedDads Editor 01/08/2017 at 12:05 pm
You will not be allowed to apply for a variation of child arrangement order unless you try to resolve the issue through mediation first. If your ex refuses, then you may be allowed to apply to court. However, you will have a good reason why you wish to vary the existing court order. It is unlikely a court will change the current order from once a fortnight to shared-care unless necessary. A court will always decide what it thinks is in your children's best interest and consistency and stability are considered most important.
Mustang gt350 31/07/2017 at 3:20 pm
Hi does anyone know how to apply for joint custody. I'm a father have child arrangements order in place I see my kids every fortnight. Is there a particular form to fill in when applying for joint custody?
Also does anyone have any advice or experience about applying for joint custody?

Thanks much appreciated
Mama 25/07/2017 at 12:15 pm
My son's partner of over 10 years started an affair with a guy she works with and she ended it with my son just before Christmas, the new boyfriend moved in and it has been hell ever since then, my son has discovered she is leaving my grandson alone with the new boyfriend is there anything my son can do about this ? she dictates to my son who my grandson can have contact with when he is with his Daddy
Dyffy 24/07/2017 at 6:40 pm
can you please advise..

my ex refuse contact. he is using our 10years old daughter as a messenger.
he told her he is going away and wi see her on wednesday instead of thursday.. ( the days he decided to see her are tuesday. thursday and sunday. 3hrs each)
its not the first time i have to cancel our plans so she get to see her dad. and so he can go on holidays.. he always wait the day before if not the same day to let me know.
i had my first meeting with a mediator but he hasnt.. he doesnt call mediator back even so she send letter and called him..
what are mh next step?if i were to aske for sole physical residency would i get it?
we have been separated 18 monthd and not once as he ask for her to spend a night..

i am totally at lost.. i am the primary carer( drop at school and pick up from school. i make all the dentist/doctor appointments. i organise childcare when needed. since started school in september he only had her 18 hrs( 8.30 till2.30) on a half term but he has been taking about 10 days off so far for him to go on hokidays..

i please advice. thanks.
Martin 23/07/2017 at 2:46 am
My wife wants a divorce, we have 2 children (11 and 9). I want 50/50 access where I have them 1 or 2 weeks then their mum has them for 1 or 2 weeks. My wife has says that her solicitor has informed her that the courts are unlikely to agree to this and that it will need to be more like a 70 / 30 split. Is this true or is she just saying that to try getting me to back down from that idea of 50 / 50 access?. I intend to get a house near to the kids' schools.
Matt 19/07/2017 at 3:23 pm
Hi, I'm after some advice please, I split from my wife two years ago and I left her everything and had to start again, I moved in to a one bed council flat, I have my two kids one night a week, I have an 11 yr old boy and a 9 yr old girl, It's becoming hard with the 3 of us in one room, I asked the council if I could have a two bed house and they told me to provide proof I have them so my ex wrote a letter and signed it, They then said a few weeks later that I am not entitled because it's only one night a week?
Does anyone know how many nights a week I could have them in order to possibly get an extra room?
I have thought about going private but I had a stroke after the breakup and had to go on sickness benefits so I can't afford it unfortunately.
Thanks in advance.
The 15/07/2017 at 12:02 am
Hi my son and I have shared custody of his three children aged 6 5 and 2 I work 40 hours per week am I entitled to any help
Boomer888 12/07/2017 at 6:32 am
Hi,
I have a current contact order in place whereby I see my daughter 4 days / 3 nights in every 10. I recently asked the courts to extend this to 50/50, the relationship between the mother and I is acrimonious at best to the point whereby she argues everything to the Nth degree. This has led to the court appointing a guardian from CAFCASS this is worrying as previously i have only seen them almost acting on my ex partners behalf. Will the guardian be a normal CARCASS officer or are they specific to that role, when the talk to my child will they take into consideration that mum manipulates her into saying what she wants and surely there would be a
human rights issue if they denied me 50% access to my child without very good reasoning. I am going for this access as it is as much as I can around working and as a direct result of bringing stability to my little girls life. We live within 5 miles of each other.. I know this is sometimes raised when arguing these cases.
Many thanks
Lee
justdoingwhatsbest 07/07/2017 at 2:31 pm
Hi All, I have a shared parenting order with a 6-0/40 split in the favour of my ex, my kids are 13,10 and 8 and they are continuously vocal about wanting more time. The eldest has recently started voting with his feet turning up at mine when he should be with his mum and refusing to go home with her when she shows up. The ex will not discuss the situation with the children, me or a mediator and I fear this is only going to get worse as the younger ones are getting more and more vocal. any advice folks????
SeparatedDads Editor 04/07/2017 at 2:08 pm
If your ex decides to withhold access and breach the consent order, you may wish to ask a solicitor to write a letter to your ex reminding her of the terms of the agreement and that you will not hesitate to refer the matter back to court if she reneges on it. Finances and child access have no bearing upon each other. You don't say whether you are paying your ex child maintenance as it's only really this which would have an influence on the amount your ex would be paid, should you have your daughter less overnight. On another note, perhaps your ex is lonely if your son is living with your full-time and this matter is more one for mutual negotiation rather than coming down with a sledgehammer approach. It's easy to jump to conclusions when a simple discussion might resolve the issue easily and amicably.
Scott 04/07/2017 at 7:28 am
Hi - I got divorced just over 6 years ago - I have 2 children 18 and almost 14. I have always had joint custody of both and consent order was issued in the divorce stating this. My Eldest child now pretty much spends most of the time with me, due to studying which makes life easier. Everything has been fine, but just recently my ex has kept talking about my youngest staying there during the week, and that I may only see her once a fortnight, which obviously I am not happy about at all. I spoke to my youngest about it, and was told Mum will be lonely and wants to see more of me - Since this has come to light, my Eldest told me in confidence that their Mother has been talking a lot about loss of revenue as my eldest is now officially an adult - Maybe with regards to Child Benefit (Which she has always had from day 1) or Child Tax Credit - I'm not sure. Anyway my question is, can she just change the custody without my permission. I fear it maybe more for financial reasons, which is disgraceful.
SeparatedDads Editor 30/06/2017 at 11:48 am
Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. Shared care means both parents sharing the care of your children. If you leave the country for a period of time without prior agreement and/or an agreement with your ex to pick up the court order where you left off when you return, it essentially renders the original court order null and void. This means if your ex refuses to adhere to the original court order when you return, you would have to take the matter back to court. However, there is no guarantee you would be awarded the same court order as before you left. Therefore, it is advisable that you apply to court for a variation/specific issue order to request the courts vary the order for a three month period of time. When making the decision, the courts will decide upon what it thinks is in your children's best interests.
JP 29/06/2017 at 5:31 pm
Hello. I hope you can help me. I have joint custody of my two children. It was agreed in court back in 2016. Im planning on taking a break and going away for 3 months at the end of this year. Would that be possible or would i have to give full custody to their mother ?, Thanks.
SeparatedDads Editor 29/06/2017 at 10:36 am
Child tax credit and child benefit cannot be claimed by both parents. The father of your child should be able to claim housing benefit. However, this could be reduced if he takes up a council or social housing home and has a spare bedroom, as he will be subjected to bedroom tax
Petra 27/06/2017 at 11:16 am
Hello,
After separating I was the main carer of my daughter however she started really missing her dad and complaining that she hardly sees him. In my country it's quite common to share custody equally and I have offered to try it out till end of September. So we agreed a week here and a week there. Though it's early days It seems to work well. She seems more relaxed, less tensed.
If we make it permanent my ex will need to move as at the moment they are sharing a room at his mum house and if they move he would like to claim housing benefit. I work part time and renting our home too. I receive some housing benefit, child tax credit and the childcare element of the working tax credit. What I read online it seems to me that child benefit and tax credit cannot be claimed by both parents. Is it correct? Can Housing benefit be claimed by both of us?
Rosso 10/06/2017 at 9:44 am
Hi how would I go about getting something in black and white on my rights as father ?
Also how do I go about taking my ex parnter to court

For weekends
For joint custody
Costs
And just general information please.
Rosso 10/06/2017 at 9:35 am
Hi I recently changed my job . I now work 6 days and 3 off rotating .Since I changed my ex parnter is give me nothing but greaf. I ask her before i made rhe change and she agreed it would be better for me .Now ive done it she is saying she os going to deny me access to see our boys ,if.i don't pick set days. The question I have is can my ex do this ?
em 06/06/2017 at 5:59 pm
I split with my ex 8 years ago we have 50/50 custody my problem is my housing will not regime me into a 3 bedroom house I have a 3 yr old daughter who lives with me permently but my son is 13 I'm in a 2 bedroom upstairs flat my son has the 1 bedroom and my daughter is in with me still they say I don't need a 3 bedroom house because my son is a split custody child I just don't get it has anyone any advice please
Aguerooooo 04/06/2017 at 6:48 pm
I have equal 50/50 custody of my youngest daughter who's 16-years-old. Under the old CSA rules I wasn't legally obligated to pay any maintenance - at least according to the calculator they had on their website. Out of sheer good will, I offered to pay my ex £300 per month for the two weeks per month that she had custody of my daughter. Now she's 16 and leaving school I decided that the payments should stop altogether as my ex had benefitted significantly in financial terms from the split and it was time to stand on her own two feet. Now, under the new CMS rules (my ex got straight in touch with them), I've been told that I have to pay £2,649.90 a year until she's 18. It's less than I was paying but I'm struggling to understand how the CMS can justify changing the rules from a situation where legally there was no requirement to pay maintenance to one where I now have to pay more than two and a half grand. For the two weeks per month that I look after my daughter I'm the main point of contact at all times and my ex has nothing to do with her care. I'm now left feeling rather bitter and frustrated that the system seems to have given me a kicking like this.
SeparatedDads Editor 01/06/2017 at 12:06 pm
There is no specific laws here. If your partner feels the arrangement is unhealthy, he can prevent his daughter staying with her mother so often whilst his daughter is under 18.
Hannah 31/05/2017 at 7:06 pm
My partner has four children, three of which live with us under a child arrangement order and the eledist lives with her grandmother, again under a child arrangement order. Nothing was ever said in court about how many nights the eledist is able to stay at her mothers but we have noticed she is there more and more which is not what was agreed as the mothers partner poses a risk and has to be supervised when around the eledist at all times. Does anyone know how many nights a child is allowed to stay with their parent without it being classed as them moving back. Thank you
jooles 28/05/2017 at 2:05 pm
HI,

I split with my ex 4 years ago...my 2 kids live with him, due to me working shift patterns, it's not feasible for them to live with me full time.
Anyway, I currently have them every other weekend and during the holidays. My days off aren't set, so it's been hard work trying to get the weekends off, swapping jobs and using lieu days, whereas he works monday - friday, 9-5!! But now, my shift pattern has changed as I've changed jobs. Ive shown him a copy of my new shift pattern which is a 9 week rolling pattern. My ex is now saying that it's not acceptable and won't budge from the alternate weekends, even tho my new shift pattern means I can see my kids more, albeit during the week. There are some occasions where my days off fall over the weekend, but there are also some that are during the week.
Is he being unreasonable?
Where do I stand with this?

Can anyone offer some words of wisdom please as I'm struggling with this.

Thanks in advance.



Sorry I've just realised that this is separated dad's forum...whereas I'm a separated mum, although I hope this doesn't make a difference..
SeparatedDads Editor 22/05/2017 at 1:41 pm
As a rule tax credits and child benefit is paid directly to the primary carer (even if you 'theoretically' have shared care benefits are paid to the person who receives child benefit). You may wish to ask other dads if they can contribute any advice via the Separated Dads forum. Otherwise, you would have to seek professional legal advice to see whether you have a case to answer.
rocky123 21/05/2017 at 11:46 pm
Hi All
I split from my ex wife 3 years ago. I custody of one of my 4 children 1 of which has recently returned to my ex wife based on his wishes.
As it stands she has agreed a court order after a 3 year battle. 142 nights to child maintenance service and now trying to backtrack to 87 nights to a private arrangement.
I have my children 150 nights. My ex is claiming 8000 of benefits tax credit child benefit which is technically for my shared care how can I challenge it.
It costs me 80 a month in fuel for contact I have asked for a variation to ensure this cost is reimburst but I need a court order to ensure tax credit and child benefit is equally shared. Does anyone what I need to do?
Dave.dave.1981 19/05/2017 at 7:07 pm
I am splitting from my partner. We are not married but have a 3 yo. I want to have custody of my son either shared times or at suitable weekends for her. I want to be able to take my son to visit my parents who live a few hours away without her interfering. What is the best way to have this as a right she cant refuse
Doddie 16/05/2017 at 8:49 pm
Hi I split from my children's mother 2 years ago and things have become a little strained recently with her refusing me contact with my 3 children, I don't have anywhere for the children to stay over night with me at the moment, if I appointed a solicitor could I sort out a divorce and apply for joint custody or would that get thrown out ? would the council help me out with a place to rent if I was awarded joint custody ? thanks in advance
Worrier 12/05/2017 at 11:23 pm
My ex took our two early out of school 3 weeks ago.and just decided to say they are going to live with him.he even changed there schools.without me or social services knowing.we have no issues at present with them either.we managed to arrange a visit I have them now and .I wanna keep them till he gets a court order.which shouldn't be granted in his favour .as this is where there siblings live too and friends .
Scullster11 07/05/2017 at 12:14 am
I'm currently separated from my wife last 12months we have tried but to with no real progress, I'm currently living close by my ex and have unlimited access which is great, but here is my concern, I need more space away so I plan on having my son full time which is where the problems will start. My wife has been fighting addictions for the last 5 years tried various doctors. Therapy but the issue doesn't go away now nearly bankrupt part of me is worried for her but can't help her so will I get full custody and if so how do I apply. Also I will need to move as renting a room privately.... any guidance would be great and thanks
SeparatedDads Editor 04/05/2017 at 12:50 pm
Your only option would be to contact CMS. However, unless he officially adopted your other child, he may not be deemed financially responsible. You do not give reason either why he has stopped paying. For instance, if he has lost his job which will affect the amount he pays.
Lizzi 03/05/2017 at 7:33 pm
Hello
Myself and my ex split in February we have two children a 6 year old daughter (who is not biologically his but he has had her name changed by deedpoll) and a 3 year old son who is his. He was paying me £50 a week for both (which isn't much but I was fine with it) he stopped pating me for 3 weeks then I finally got the 150 and he has now decided to cut it from 50 to 30 a week between them... even after we had a talk and I disagreed with the idea.....as I am now a single mother....who is classed as being homeless with 2 children i just dont have a clue what to do so I was just wondering if you had any advice you could offer x
SeparatedDads Editor 03/05/2017 at 12:53 pm
Court is the only options that is left to you if your ex will not compromise in any way. The fact you have regular contact will stand you in good stead in court. The fact your work is irregular might stop the court from opting for shared care, as your solicitor advises they prefer a regular pattern of access. But there is no reason why you shouldn't be awarded overnight stays. The court does want fathers to have a good solid relationship with their children and unless there is a good reason why they shouldn't, it's likely you will be granted overnight access.
Luke 29/04/2017 at 10:55 am
Hi, my ex and me split up last year and since then I have seen my daughter sporadically throughout the week usually on a Thursday and Friday and never over night or at the weekend. I am on her birth certificate.

My daughter is two in June and I've been asking to have her more and particularly over night. Before we split I was doing night feeding, nappy changing and bathing whenever I was home and I still do all these with her now. My ex will not allow overnight still.

I went to a mediator but my ex dragged it out so long my mediator advised to try other means and I have contacted solicitors who have contacted ex with a draft proposal of contact arrangements which she has rejected.

I work four days on four days off constantly over the entire year and have proposed having my daughter for three of my days off including the nights between. My ex solicitors keep saying that my daughter needs 'stability' which I fail to see my plan doesn't provide. My solicitor has come up with a one night in the week and every other weekend which is impossible for me and in my opinion is less stable.

I do all pick ups and drop offs and I pay more than I am liable for as I wanted my daughter to go to nursery for her social well being.

All signs point to me losing even more if I go to court. Is there any chance of being awarded shared custody or is it pointless to ask?
Del 26/04/2017 at 11:51 pm
Hi there. My partner and I have been seperstes since turn of the year. I pay 200 per month for child maintenance. I get my boy three or four nights a week depending on her work schedule. I am living with my mum after the break up and it is.annoyinf that she earned 21k last year and me just a bit more. Yet I have total split access and she wants 200 per month
This does.not seem fair. She has the house . Child maintenance and also my child maintenance. Surely to god if it's a split in parenting tight down the middle and she earns good money why should I have to prop her up. ? I pay for food nappies everything when he is over here on top of the 200 I give. Her. So in fact it's probably close to 300 a month instead of 200. Surely this is wrong and against everything that split parenting should be about ???
Doc 26/04/2017 at 12:42 pm
Jbuk1976

I don't know what the issue is. He's the children's father and is perfectly entitled to see them 50/50. If he has parental responsibility, then there is nothing your partner can do to prevent him and the police will not get involved without a Child Arrangements Order. It is your opinion that the current arrangements give 'continuity', but from the sounds of it, not the father's. I am afraid that the refusal of your partner not to provide any flexibility is not responsible parenting and would be viewed dimly. Cafcass and the courts support flexibility under shared care arrangements. On the face of it, your partner is likely to be the route cause of an Application to the court by the father. It disgusts me when I hear stuff like this. She doesn't own the kids and didn't make them herself, so has no right to deny access under the thin veil of 'continuity '.

Either be flexible and stop seeking CMS by way of frustrating access or get prepared for litigation. Unless there is safeguarding issues, courts or more willing to issue Shared Care Arrangements and where both parents can cover half the care, 50/50 is becoming more common. Between me and my ex, her unreasonableness has cost in excess of £30k in litigation, only to end up with the same shared care 50/50 split we had before.

I suggest she puts aside her own CMS claims and lack of flexibility or get ready to go to court.
SeparatedDads Editor 21/04/2017 at 11:01 am
Unless you are considered the primary carer, then you will not be able to claim benefits or stop paying child maintenance. Your only recourse is to ask your ex to reimburse the child maintenance you pay (as a temporary measure) as it is meant to be towards the day-to-day welfare of your child. If an agreement is reached about you becoming the primary carer, then your ex would have to cancel benefits and you would then be eligible to apply. If you wish to be considered the primary carer officially and long term and your ex disagrees, then your only recourse would be to take the matter to court and let the court decide upon what it thinks is in the best interests of your child.
midge 20/04/2017 at 4:05 pm
Hi, my fiancé and myself have recently split up leaving our 1 year old with her as the primary carer. However, she has a heavy involvement with social services due to mental health & issues with the police. 3 weeks after our breakup she has told me she "cannot cope" and leaves the house when our child cries, violent ex-partners turn up at the door, neglecting the child when he's crying. I've now had full custody of our child for the past 9 days and states she isn't "fit to take him back yet" She gets all of the benefits in her name, and I have a direct debit going into her bank account every week for child maintenance. I'm struggling financially, and have had to rely on family members to look after my child while I work. I'm living at my dad's house and they're happy for him to stay in the long term, however I don't know how what I should do next.

I feel like she's taking advantage of me and using our child as a weapon, while she socializes with her new boyfriend & uses money that should go to our child on her social life.
mark 19/04/2017 at 2:42 pm
no I pay for the one room my ex wife is saying that my daughter shouldn't be in the same room as my son as she is getting to the age that my son and daughter can not share a room any more and my ex wife will never discuss any thing she just states things and says that's it no discussion she just shouts, can I get help with housing for a place with extra room?
mark 19/04/2017 at 12:46 pm
help I have two children aged 10 and 7 my ex wife is saying that I can no longer have my kids over the weekend as my daughter is now ten and I live in a shared house with only one bedroom the kids have the bed I sleep on sofa she says she wont allow the kids to share any more as my daughter is of that age can I get help from the council for accommodation for a place or I'm going to loose my daughter I have them every weekend please help
Jbuk1976 30/03/2017 at 8:24 pm
Hi,

Alternative question this one!!! I am living with my new partner for over a year now and she has two Children.

Her ex husband is completely disagreeable however they have a good childcare arrangement at the moment where the children stay every Tuesday and Wednesday evening and every other weekend with the father. This gives the children good continuity and good contact with both parents.

The father however is ALWAYS trying to change the evenings and days that he has them and my partner has refused and stood firm because she is adamant that a set routine is what is best for the children.

Our house is their registered "primary carer" home as they spend the majority (slightly) of their time here and are registered with Dr, Dentist, etc here.

My partner recently applied for CMS payments as nothing has been forthcoming in the least 12 months since the seperation and the ex husband has tried to argue with the CMS that he is the primary carer. Even changing contact details at their school to a doctors surgery that they weren't even registered at near to his home! (Dangerous)

The ex husband is constantly accusing my partner that he is being denied access to his children. This is clearly not the case as they have a good arrangement in place at the moment, albeit he keeps trying to change it. My thoughts are that he is doing this to prove he is the primary career has the children 50/50 to avoid CMS payments.

My partner has asked he ex husband to attend Mediation service and he has refused. Twice.

My partner is petrified that he will take her to court to get a 50/50 legally binding agreement and my question is will be able to do this. Will the court take this case seriously and would a court award such an order in these circumstances???

Thank you.
Kawasaki Man 29/03/2017 at 9:47 pm
Hi, I am lucky enough to have a really good relationship with both my children (15 & 18) and they both come and stay with me whenever they feel like it. This can be anything from once a week to all week. Their mum and I allow them to choose and it works really well. My question then is when deciding child maintenace on the .gov calculator how should i determine how many nights they stay with me because it varies all the time and is always their choice? The difference financially is huge between 1 night and 4 nights a week? I only want what is fair to both me and my Ex. Any advice welcome
Fil 26/03/2017 at 6:30 pm
Hi. I've applied to the court for a child arrangements order without a solicitor.
My ex has heavy involvement with social services due to mental health issues and several incidents involving the police and drink.
She uses the children as a weapon against me and will make a issue out of nothing.
She has told me that she has got a barrister for the court hearing and that after the barrister has finished with me she and the children won't have to deal with me at all.
I have nothing to hide and have nothing derogatory against my name.
I only want contact to see my children.
Do you think it will be wise to arrange for a barrister myself.
Ive read also that the court can also award something you don't expect.
I'm happy for contact or full custody but am worried about about joint custody because the children would be stuck in a battle field she's totally unreasonable likes making false allegations and I would end up paying for everything.
She lives with the children in my home I live 50 miles away and am staying with my mum and can't afford to buy or rent a place nearer to her.
Is it possible the court could consider this and tell me that I have to move nearer
SeparatedDads Editor 21/03/2017 at 11:14 am
I'm afraid if your ex is considered the primary carer of your child, then she is entitled to claim child tax credits. Unfortunately, there is no law that says this must be shared and it is up to the discretion of the mother. I have to say, while there are a small amount of primary carers who will share this money to ensure their children are cared for across both houses, there are fewer who will concede to this arrangement.
Don draper 20/03/2017 at 12:01 pm
Hi

I'm separated with the mom of my child since the beginning of 2017 (not married). I found a house for me and my daughter since three weeks.

I have her 3 nights a week and two full days.
I want to be able to provide for everything when she is with me and be sure that she understand that she's got two houses.

I pay child maintenance, but the minimum because my incomes are not high. I wanted to ask for a child tax credit but my ex did it already.

She's got around £500 or £600/ month plus her salary and my child maintenance.
She earn double of my incomes.

Is there anyway that she has to share the child tax credit with me ?

And the fact that I have her 3 nights a week, is it a shared custody or considered as a weekly contact ?

There is no mediation or court involved for the moment it is an agreement between her mom and me.

Thank you
Carl 19/03/2017 at 1:24 am
I split with my partner 16 months ago but she wont agree to shared care. I have my son 3 nights per week and my mother 1-2 nights per week. I work part time and am a full time student. Do I need to pay child maintainance
Jamesbond 09/03/2017 at 7:26 am
I have joint custody however my ex wife never qants to pay for anything. She will organise chids trips and then not pay and i end up getting the bill. When i refuse to pay for items she goes around telling people i dont pay for anything.
This causes huge friction and now i at the stage of having to say to the children that all these tings they do or want to do are going to have to stop.
She claims every benefit going inc housings even though we share equal time.

Can i get this in forced in court that she has to pay half insted of drinking the money away in the pub
Paddy 06/03/2017 at 5:58 pm
Hello, i am a divorced dad for the last 4-5 yrs, am living with a new partner for the last 4 who has properly taken on the role of stepmum and is great. We've gone from initially seeing my kids every other weekend and every tuesday night, to extending the long weekend, to now, since the middle of last year, to having them one week on and one week off. I have always paid CSA payments plus plentry of top (half of school clubs, uniform, footie boots, clothes, etc) plus we take them on holiday several times a year. The last few months of CSA payments have been based on 156 to 174 nights per yr. The new CMS system has just come in and she is claiming less than 156 nights because we are going away for 3.5 weeks in April. It means we hit 155 nights per year just fopr this year and even though i'd happily have them extra she won't budge. My divorce settlement was a clean break, no spousal maintenance, just splitting of assets. It feels like i am paying spousal maintenance rather than kids maintenance.
I'm wondering now if it is worth me seeking Joint / Shared custody of my boys (aged 10 and 12) as for the weeks we have them we do the shcool run, we fill out school club forms, consent letters, etc. Plus if i did apply for it, would it mean i pay less CMS payments, and is there anything she can do to stop me getting it. Bearing in mind the kids have a very happy dual home lifestyle and have been living it for almost a year... Many thanks for any assistance on this,
Dan 26/02/2017 at 10:41 am
The CMS is something you cannot get out of whether you see your kids or not. The amount you pay can be adjusted accordingly depending on how often you child spends nights with you over a year. I believe that money payed via Cms should be vetted or proof should be shown that it is going on the child. It's a pity on some occasions mothers think they can control a child or a situation in my eyes that is a form of abuse, and it's a pity that some dad's can't be a man and provide for the kids. For fathers if you pursue a contact order you will get more quality time with your child depending that there are no safeguarding issues. So don't delay
M71 23/02/2017 at 4:27 pm
Thank you. We have children every weekend Friday to Sunday and all school holidays summer holidays usually have them for the ,6 weeks and same over Christmas have them the duration and all holidays in between. We live about 20 minutes drive from the children and would have them throughout the week if their school was closer to drop them off each day I think we will go down the route of court proceedings as we want the children with us as financially and all round they would be better off thank you for your help.
SeparatedDads Editor 23/02/2017 at 12:22 pm
Some of the details you have given are a little confusing, but I will try to answer them as best I can. Firstly, if you take the matter to court for Parental Responsibility, you will be able to have more of a say in the regarding the welfare of your children and on the back of this you can apply to the court for official contact/access of your children, if you choose. It would then depend upon how often you were allowed to have the children overnight, as to how much child maintenance you would have to pay (a court order would make this official). However, child maintenance is based upon an average across the year, so even if you have the children for a holiday etc, you would still have to pay the same amount. I hope this makes sense.
M71 22/02/2017 at 7:28 pm
Thank you for your response. However she has not named me as the father and only by chance did I find out two years ago I was not on birth certificate as wanted to open accounts for my children. When I asked her about this she said that I knew in which if I did know I would have done something long ago. I printed all the forms out and produced them to her to have my name on their birth certificates but she said no as I would take the kids off her. The woman is unstable and social services are already involved. If I went through correct channels I would only have to pay her 32.00 a week both children have asked to live with me and my partner as they are well looked after. But cause I don't have any parental rights over my children I can't do this at present. She will not let my son even though she don't want him there as she gets DLA for him and will gladly let my son come to stay but not give up the money. We have wrote everything down and going to phone social services for them to come to see us as things can no longer go on. Also when the children are with us for weeks at a time do we still have to pay the mother child maintenance?
SeparatedDads Editor 22/02/2017 at 12:53 pm
Regardless of whether you are named on the birth certificate, if your ex named you as the father of her children, then you are responsible for paying child maintenance for your children. If your DNA test had proved you were not the father, then child maintenance would have stopped. Your ex does not have to justify what she spends the money on - it can go towards unseen items such as utility bills etc. If you want further parental rights over your children, you can apply to court for parental responsibility
SeparatedDads Editor 22/02/2017 at 11:18 am
If you become the non-resident parent and not the primary carer of your child, then you may have to pay some child maintenance dependent upon the amount of times you have your child overnight. If you have joint-residency officially then you will not have to pay child maintenance. However, generally the person who is in receipt of child benefit is considered the primary carer. Ideally, the care of your child should be negotiated amicably between you. If not, mediation is the next port of call and if neither of you can still agree, then court is seen as the last resort.
M71 21/02/2017 at 8:30 pm
Me and my ex split up 9 years ago. I have a 10 & 13 year old. I have my children every weekend Fri to Sunday every school holiday for the duration I take them away abroad 3 times a year. I pay their mother everyweek £50 but also buy everything for my children. We worked it out last year we had my children for 165 days which if I had it my way would be full time. The money I give to her does not go on the children it is used for gambling and other things which are totally not kid related. Also two years ago I found out I was not on the both children's birth certificate I should have stopped the payments then. Since then I have had DNA tests done and she still won't put me on birth certificate so I don't get any legal parental rights. I buy the children clothing and made sure they are clean and well fed. Can I stop paying her direct and put money into their accounts??
paul 21/02/2017 at 4:23 pm
Hi, me and my wife are just starting the split up process. My little boy spends all his time with me, always has done. if his mom is not at work she spends very little time with him. she has been suffering from depression for some time and this is the major cause of the split. I plan on going for joint custody as i am self employed and already do all the child care. If we are awarded joint custody50/50% or possibly 60/40 to me, is there any way that i could end up paying her anything ongoing.Thanks
SeparatedDads Editor 21/02/2017 at 12:18 pm
You can apply via the CMS for child maintenance, Your ex would not be granted 'custody' of your child through the courts. It is very rare that a court will take a child from one parent and hand the child over to another for no good reason. The main aim of the courts is to decide what it thinks is in the best interests of your child and it will opt for stability and consistency every time.
LM86 20/02/2017 at 3:07 pm
My daughters dad and i split up when my daughter was a year and 3 months old, he then moved away from our home on one side of the country in Scotland to the south of England. He now has a one year old daughter with someone else but since this has happened the money I get from him is never on time and always a bit short and there is no communication on when it will be late. He keeps blaming his work saying that he doesn't get paid on time etc. We just have a family based arrangement just now. If I ever bring up the late payments etc he always says he is going to apply for custody of my daughter. I have never said he couldn't have her when he wanted her for holidays and I even suggest to him when he can have her and we take turn about for Christmass and birthdays. I am just really wondering where I would stand with getting a more regular maintenance from him, should I just go through csa? What are the actual chances that if he applied for custody that he could get her? I understand every case is different but I am at my wits end getting threatened for custody when I bring up getting no money so just curious where I stand or who I can talk too about it
Cas123 14/02/2017 at 9:29 pm
How can a mother think it's acceptable to tell a dad that a couple nights a week is "sufficient" when she has the child every day. I'm so fed up with hearing mothers think that kids are better off with them and dads have to fit in. It takes two people to have a child, there fore why should a dad had to go one week to the next without seeing their child. This message is for kmkm.
John 10/02/2017 at 6:59 pm
Hi I left my ex almost a year ago now I had regular access to my daughter every weekend. Had a brilliant relationship with her and she absolutely loved spending time with me. Now my ex has decided to stop my daughter from seeing me, for reasons that are not my fault. Now she claims universal credit and understand she will get legal aid for the mediation but there is a good chance we could be going to court because she won't agree with the times I want my daughter. My question is if it goes as far as court will she have to pay any legal fees or will it all be down to me??. There was no domestic violence involved and she was the one that stopped me seeing my daughter it wasn't my choice.
SeparatedDads Editor 06/02/2017 at 1:59 pm
If you have a family-based arrangement, then you can pay whatever you agree mutually between you and are not liable for arrears. If you have an arrangement via the CMS, then regardless of what you provide for your child, you still first and foremost have to pay child maintenance. Anything you pay beyond the assessed CMS payment is seen as discretionary and will not be taken into account. This means if you continue to pay outside the CMS agreement, you will be liable for CMS arears.
Confused 06/02/2017 at 2:45 am
I really dont no where to start i split up with my ex 4 years ago i have a 6 year old child with him he sees his child once a week for a hour because i got advised off a solicitor that i had to safeguard my child because on a weekend he wouldnt show up or he would turn up hours late or turn up off his head on drugs or drink so in the end put a stop to it completley on a weekend so i wouldnt have to pick the pieces up from my devastated child.. my agreement was that he could see child anytime in the week after work... my child has never stopped at dads house because i dont no where he lives and how do i no he dosent take drugs when he gets home... i got advice from a solicitor to safe guard my child as much as possible anyway i recently took him to csa he refuses to answer phone calls to them letters writen by them and is now saying he dosent see the child often enough to pay maintenance... hes now saying hes going to take me to court to see child but wont pay maintenance if he took me to court where would i stand with this am quite happy for him to see child but concerns overnight stay and with him workin in week would he get my child everyweekend yes he is on birth certificate i dont understand what games hes playing because he has never been bothered in his child never bought his child anything not once put a penny towards his child and now his mother has decided to poke her nose in and defend her son by saying he dosent need to pay for his child if he dosent see him.. and also bullying me and harrassing me constantly to the point my childs getting upset my child sees nan twice a week after school and now shes saying she will turn up at school and take my child when she wants i really dont no what to do if i phoned the police for harrassment because shes threatening to take my child and harrasing me would a restraining order go against me and my child or what am in such a sticky situation luckly my oldest one is grown up now and left home never had a problem with her dad
Gaz 04/02/2017 at 9:52 pm
Hi, my fiance and I have split only recently, i am already reluctant 2 pay her anything towards child maintenance because has taken a lot of money with her she wasn't allowed 2. I have our 5 year old son on Tuesday nights, Thursday nights and Friday evening up until Sunday evenings every other weekend, I have said I will provide him with everything, clothes, uniform, toiletries food and drink, do I still have 2 pay the full 58 pound a month 4 child maintenance?
Kmkm 30/01/2017 at 10:53 pm
Hi. My partner and I split up 1.5 years ago and have a 4 year old son.

Although the split was his decision, we remained amicable and made our own arrangements regarding his access to our son.

His father picks him up from school on a Monday and Wednesday and puts him to bed in my home. He also has him Friday evening to Sunday evening every other weekend when he takes him to stay at his parents or girlfriends.

My ex now wishes to keep my soon over night at his place on a Monday and Wednesday - which means I'll not have my son a further two mornings a week.

I feel that our current arrangement is sufficient and reasonable - where do I stand with this matter? I really do not want to lose any further time with my son! Ex does not appreciate my view and is adamant he will have 50:50 access. Advise much appreciated.
Pclay 29/01/2017 at 12:17 pm
Me and my wife divorced last year we have an 8 yr old boy whom I have every weds, from school and alternate sat pm to mon am, she has threatened to stop sat nights as he has football on a Sunday. She is forever messing arranged times around to suit her self which creates a lot of unnessary stress. Is there a simple process with out the full cost of applying for joint custody (which I would be prepared to do if needed)
Where abouts a court can set time and days in stone?
Thank you.
Phebes 27/01/2017 at 5:43 pm
My partner has seperated from his ex and has the 3 children 3 days a wk but she claimes for them is this right cos he is on sick and only gets payed for himself yet has t try and feed clothe and pay for the kids while there in his care which has bin writen days by a solicitor is there anything he can claim just not fair she had the money and payed for the wk of having them when she has them for half of it and he gets nothing for them and has them the other half thanks for any help you can give
SeparatedDads Editor 27/01/2017 at 2:12 pm
A non-resident parent is in simple terms the parent who does not live with the child, and is not in receipt of any child benefits.
Mel84 26/01/2017 at 11:38 pm
Hello

What constitutes a non resident parent. How many days a week minimum please?
B dot 23/01/2017 at 6:05 pm
I have joint custody and want to take my daughter away for two weeks her mum is saying no can she do this
Mel 23/01/2017 at 11:23 am
My ex and I have a shared residence order in place from 2010, however this has been tweaked to suit our changing needs and has worked fairly well over time. Recently he has moved in with a new girlfriend, problems have flared up due to my children not liking the arrangements and a smoky house (we don't smoke). They both drink during the evenings and can become argumentative. I have had first hand experience when his girlfriend text me to tell me they are splitting up then continuing to call me every name under the sun. Therefore I took the decision to stop overnight stays to reduce the time the children are exposed to this behaviour. Obviously this hasn't gone down well but dad hasn't contacted me much to see the children. I must add I have made it clear the children can see him every day of they wish buy no overnight stays. He has threatened to take me to court over this but I presume the residence order would not play a big part as we have almost changed it from the original order that was set on 2010. I would like to change the order to a contact order as my son hasn't stayed overnight for three nights a week for the last year and a half. Furthermore my recent concerns have amplified concerns for them whilst they are in his care. If anyone can help or has been through this process I would very much appreciate advice. Thank you
Coxy 21/01/2017 at 10:09 am
Hi my wife and I split over a year ago and I brought a place local so I could have shared custody which worked really well until I met someone else,she is still with the man who she left me for so I find her reaction a bit strange. I have now been with the same woman for 7 months and she has now moved in with me however when the ex wife found out I left 1 of the boys with her while I took the other one out she went crazy and started threatening to take them off me. She claims that I'm not allowed to leave them with anyone without her permission,is this true as I find it very hard to believe. Both kids love my girlfriend and love being with her and she does everything to help them.
Geldof 12/01/2017 at 9:55 am
Hi,
My partner and I split up several years ago. I voluntarily pay her maintenance not via CAS based on the child support calculator, but we have an informal agreement in place to share custody, I actually have the children more often that her due to her shift work. Despite the fact I pay her full maintenance and have the children more than 50% of the time, she still seems to be able to pick and chose when she wants the kids and when not, which does cause stress within my new relationship. is there anything I can do legally (without huge cost) to assist the situation?
Concerned grandparen 09/01/2017 at 8:29 pm
My daughter and her partner split up when their child was 18 months old. They all lived with us until the partner moved out. The partner showed absolutely no interest in his child and preferred to spend his time on his computer (which ultimately caused the split). We have arranged twice weekly visits to our home as we do not trust him to care for the child unsupervised. Since moving out he has cancelled quite a few visits. He is now demanding more acccess, unsupervised which my daughter is not happy about. He has no permanent address and is sofa surfing with friends. If he took my daughter to court would they grant him more access? Worried sick!
SeparatedDads Editor 09/01/2017 at 12:51 pm
You cannot claim child maintenance unless you are considered the primary carer. If you see your children alternate weekends, this means you are the non-resident parent and the NRP is considered to be the 'paying parent'.
Chris 08/01/2017 at 10:14 pm
I see my girls every other weekend and I work 58 hours a week Monday to Friday do you know if I can claim anything
SeparatedDads Editor 04/01/2017 at 12:25 pm
I am sorry to hear this. You can apply for access through the courts and along with the C100 contact order, you can fill in a C4 form which is an application to the court for an order for the disclosure of a child's whereabouts. This means the court will put a trace on your child so your case for access can be heard through the courts. I hope this helps.
neil 03/01/2017 at 4:09 pm
My wife walked out on Dec 7 taking my three year old son. I have had no contact except for a couple of texts. I have no idea where they are. Surely she can't do this.what are my options I know it will mean going to family court and getting visiting rights and so forth but surely she just can't dissappear till then
Robin b 30/12/2016 at 2:18 am
I already have my two children,8&11 ,from Friday till Monday ,and all holidays,things are ok
But my ex is unpredictable, now she is in a new relationship , I pay her well above the CSA
In maintenance ,and pay for all clothes school trips etc, I would like to make this legal,
Also would this entitle me to a bigger council flat , as we have to all share a small one bed flat and they are a boy and girl,and I don't go through CSA, the money I pay is in cash and bank transfers to her account ,I want to legalise everything ,how do I go about it as I said my ex can be unpredictable and has already reneged on verbal agreement we had about our former property costing me lots of money resulting in me living in a one bed council flat
stew 27/12/2016 at 9:00 pm
My ex and I have agreed too joint custody of our three year old son. How does benefit get paid. If I have him 3nites one week and following week 4

We were not married
Kirsty 22/11/2016 at 2:43 pm
I've been with my ex for 7 years, we have a 3 year old son. We are not married as he has spent the last 4 years making excuses why he can't get married. He never helped with our son although we still live together...he doesn't wash dishes if I used them for me or son, he doesn't put clothes except his own away, doesn't wash the bottles, very rarely baths him, only pays for his mortgage and bills, informs me when he needs a nappy change, has made no effort to go to outings or kids birthday's at weekends. I work full time too and leave on time every day to pick our son up from nursery. He was not helping get him ready in the morning and I had to reduce my hours and take a pay cut.He wasn't making any decisions and when I asked for input he just never gives a straight answer. I'm exhausted trying to talk to him about things....When I've tried he either gives me the silent treatment or doesn't quite answer the question. We recently had counselling and he said that marriage is not important and he wasn't really all that bothered about having children but in the past when I had asked him he avoided the questions....I make cakes for friends kids parties as a hobby and he has said I should check with him before accepting orders from people as it impacts on him because he has to put our son to bed and it's his down time from work. I told the counsellor I wanted to move on and move out of his flat and he is now saying our son should live with him and all records, like nursery, doctor should remain at his address as it's the only house our son knows. I'm just not sure what is the right thing to do for my son. I don't want to take his father from him but I can't take much more of his behaviour. I want to move a short distance away as we have already chosen a school and he will start next year. I have many friends with children our sons age who go to that school and all my family live in Australia so don't have family here and his family show no interest in helping at all. He has now stopped including me in all his family events. I was advised I can move out and take Oliver but concerned that he will be upset about not being in the flat anymore and seeing his father every day or the cat. The nursery are currently teaching the children about loving our house. I need help!
Hopeful dad 19/11/2016 at 1:13 pm
My partner and I seperated in Feb for financial problems. Anyway, Iver never had a problem seeing them. But it's always on her terms in her house. She won't let me take them anywhere. She drinks everyday and uses my visits to get wrecked. Whilst drinking isn't a sin, doing it in front of 2 very young children whilst her other children from previous relationships are drinking too (1 very under age) and supplying cigarettes and vodka to half the estates school kids, inviting blokes back whilst I'm there and trying to be violent. In the past her family have stolen from me too. I always go back to see my kids but it's too much now. I need access to them where I don't need to see her. What's my best option.
mr.s 16/11/2016 at 8:47 pm
how do the courts see the dad taking full custody? my ex palms our daughter for to her nan and mum, half the time my daughters nan takes her to school, social services have been round as they were concerned about her criminal drug taking boyfriend. where do I stand on this, she would be far better with me, she can go to the same school as we live in same area. she never wants ti go home after being with me, tells me her mums new boyfriend always goes to a certain 'friend' but he only pops in while they wait for him (sounds like visiting a dealer). What evidence or grounds do I have? thanks in advance
SeparatedDads Editor 16/11/2016 at 2:53 pm
Your only option if your children are UK based is to take the matter through the UK courts. There is no mandatory rule in the UK that allows the children to visit the non-resident parent in their home, it is up to the courts to decide what it thinks is in the best interests of the children.
Unhappy Dad 15/11/2016 at 4:16 pm
Hi there...
I wont go into the full ins and outs of my divorce what has happenend. But straight to the problem.
My ex lives in the UK with my 3 kids, I moved abroad to Germany to live with my new partner (who I met after my ex and I split up).
Long story short. I would like for my kids to be in a position to come and visit me here, over the last 2 years I have been visiting them once a month ( on 2 occasions I had a 3 month and a 4 month period where I did not see them which was down to my ex being awkward)
I would be happy to come over and pick the kids up for a week or 2 during holidays but she's not allowing it. Here in Germany there is a law that the person living abroad has the right for their kids to visit at his or her home...
Is there such a thing in the UK?
Thanks
Daddy 14/11/2016 at 5:46 pm
Hi there,
So my female partner of 16 months left our family home with our 3 month old baby in July 2016. She had called the police one night after a basic disagreement and I woke up to find them at my front door....
I was arrested for common assault but released after 7 hours with no charge due to lack of evidence....as it never happened

I returned home to an empty house my partner, child & lots of my belongings gone.

This experience has hit me so hard because we were extreamly happy & in a brilliant place with our new baby-every day she was telling me how happy she was.

She has now moved 70 miles from our family home to her parents home & I am travelling there twice a week to see our child, she is allowing me 1-2 hours per visit with my baby and not including me in any decisions for our child future, I am paying for food, milk, clothes toys-the total cost of the baby's development but feel my contact with the child at such a great distance away.

I am awaiting a contact order to go into place in December, her parents are very controlling and telling her exactly how to play things in order to make my life very difficult, but is there anything I can do to increase my contact with my daughter? Thanks in advance
SeparatedDads Editor 14/11/2016 at 2:34 pm
If your wife is denying your mother access to your child, and if your ex refuses mediation, your only redress would be to take the matter to court and let the court decide what it thinks is in your daughter's best interests. There are no set rules on what a parent with parental responsibility can and cannot do prior to a court order.
Pip 14/11/2016 at 8:57 am
My wife is having an affair and she left the marital home (of her own accord) on Nov 5th with my daughter aged 8. She has agreed that I can have contact with my daughter 3 nights per week HOWEVER she is stipulating that my mother can only collect her from school on one day per week. She has given no reason for this. My mother has collected and cared for my daughter on a regular basis throughout her nursery/school days and always at my wife's request and my daughter has a very close relationship with her nan. I work full time and wife is seemingly trying to make things as awkward as possible for me by placing this restriction upon my access. My solicitor has contacted her in order to ascertain her objections for her not wanting my mother to collect my daughter more than one day per week but with no response. I have now had a pre-mediation assessment and the mediator agreed this case is suitable for mediation although my wife does not have to agree to this. Can you advise whether my wife has the right to restrict my mother's access in the way that she's doing and if she's not willing to attend mediation, would court action be appropriate?
SeparatedDads Editor 07/11/2016 at 1:42 pm
No, you are under no obligation to give your money to your ex. It puts you in a difficult position, as invariably you will want to ensure sure your son is well cared for when he's with your ex. However, whether you give money to your ex is purely as your discretion. Some families work it out between them, some will keep their financial affairs completely separate. Much is up to you. As a last resort, you may be able to take the matter back to court and ask for a variation on the order, as if you go against the order, it means you will be in breach. If you can justify the breach because you have a good reason, then the court will listen. But, in this case, you may wish to voice your concerns to your ex directly and try to resolve the issue between you.
Worried parent 06/11/2016 at 10:14 pm
Hi my ex partner has our son for 3 nights he picks our son up at school on a Friday until Monday which got sorted at court he started asking for food over for our son in which I have give over a few times I have picked my son up he didn't get a bath once when he stayed over with his dad now he is asking for money saying he hasn't got any gas or power please help do I need too give my ex Monet for gas while my son is staying at his
myboy_myworld 03/11/2016 at 11:23 pm
Hello,
I wonder if I can get a little information as this topic seems as straight forward as a rubix cube!
I split with my ex-partner around 6 months ago due to her cheating.
We have a 3 year old boy together and I've been in his life since day one and my name (as well as the exes) is on the birth certificate.
Our son spends most of his time with me as she likes to be out drinking, partying and shopping. I have my son 4 nights per week, sometimes 5 nights per week and when it comes to taking him to his mother's he cries to stay with me.
I don't claim any benefits for my son, his mother gets them all, but it's not about the money for me. I'd like to know where I stand with claiming custody?
Thanks guys.
Boca 31/10/2016 at 4:34 pm
My brother in law has been in court trying to gain access to his son, he has managed to get a court order to see him 2 days a week but back at court today the judge has cancelled the court order and told her to grow up and that the days will be discussed between lawyers but we have known from the past she will not do anything. Not once in the last year has she came out to collect him from car or make any form of contact. What are his options?
Pip 30/10/2016 at 9:01 pm
My wife has been having an affair for over 3 months but we have remained in the marital home with our daughter aged 8. My wife has just given me 8 days notice that she intends to take my daughter to live in a rented property not far from our marital home. She has presented me with a list if things she intends to take from home and a list of custody dates, both of which I find unacceptable. I want joint custody and my daughter has indicated that Is her preference too. I intend to seek legal advice but can you advise whether my daughters opinion would be listened to in any mediation hearing? Also, am I within my rights to stop ny wife taking property from the marital home without formal agreement? And in terms of custody, can I take any sort of interim order to formalise custody rights in the short term?
SeparatedDads Editor 24/10/2016 at 11:09 am
Court is the next option if the matter cannot be resolved between parties either mutually or via suggested mediation. A court will always make a decision based upon what it thinks is the child's best interests, whether that means requesting your brother's ex moves back into the house with the child, selling the house, and whether access should be granted. The parents arguing amongst themsleves will be treated as superfluous. Therefore, we cannot predict what a court may decide as much will depend upon the circumstances (practical, financial etc) of each party concerned, but most of all the child.
Theloyaldad 23/10/2016 at 2:25 pm
Share care 50/50 any help please?
I was with my ex partner for 9 years, we never got married and we had a beautiful daughter which is almost 8 yo now, both of us are in the birth certificate.
I have been heavily involved in my daughter growing as the mum used to work night shifts, so I took care of her overnights, school and everything else, also I'm Italian and she has been 11 times in Italy even under the grandparents supervision only in summer time only and she speaks fluently Italian.
We recently split up with the mum and my daughter asked me to spend more days with me which because the mum refuse to listen me or either my daughter I took a solicitors and going to court.
I attended mediation and the mum didn't, I got a lawyer and the mum will represent herself, Cafcass got involved but as no welfare concerns where raised from either of us they cannot be involved but they seems positive the fact that I kept contact with my daughter.
The mum involved my daughter in adult conversations, showing solicitors and court letters to her and I received treats from her family which have been recorded by police.
I have a new partner and I move to a bigger house to have an extra spare room for my daughter. I would be able to drop/pick her up from school and look after her as I live close to my daughter house and school. The mum is unable to drop/pick her up from school and she delegates relative family members and friends and childcare and she denying me to drop/pick her up as she know I can claim contact costs with CSA (even though my daughter asked her lots of times that she prefers see me in the morning and get a lift by car rather than walking).
She said to Cafcass that she refuses share care and she would agree to alternated weekends and one night a week at mine which I don't accept as all the above reasons, but the main is that my daughter asked me to spend more time with me at my house and Im fighting for her wishes (got all on video while she asked me that) and to bring her to holiday to Italy without her mum permission as her mum doesn't want to send her there anymore to do something against my parents.
I got my first hearing in 2 weeks time, I spend almost 2K in lawyer and 1.7K to move house to be able to accommodate my daughter.
Will I have any chances to have share care for my daughter?

Please advise.

Thanks so much.
Echo 23/10/2016 at 10:46 am
My brother has split with his common law partner. They have a young son together. He wants to sell their house and split the money or buy her out. She and her family just wants him to leave and give the house to her. While she can't justify (or afford) living in a 4 bed home with just her and their son I have a feeling she is planning on having her parents move in and them selling their house etc. Because he won't leave the house (he has never been abusive etc.) as advised by his solicitor, she had left and taken their son and now refuses to let him see him - he hasn't seen him for over a week now (how vindictive can you get!). Next stage in the process that his solicitor is putting forwards is mediation (which she will likely refuse). What are his options / does anyone have any advice? Thanks
LaceySparkz 21/10/2016 at 10:38 pm
My sister divorced her husband recently and she is going through court proceedings for her child her ex was abusive and bribes her son to go to his house, he now wants shared custody would the court grant this purely based on the fact that his parents who he lives with fosters and he has a 6 bedroom house even though there is a public video of him doing class A drugs on video and being racist?
Nix 20/10/2016 at 3:17 pm
In response, no. I have to go to court next month.
SeparatedDads Editor 20/10/2016 at 2:21 pm
If the letter is from your ex's solicitor, then you are not under any legal obligation to adhere to it. You may in turn wish to seek legal advice in order to explore your options, and/or suggest attending mediation with your ex to see if you could come to some sort of arrangement.
Nix 19/10/2016 at 8:38 pm
I have a 4 year old and I have a letter saying my abusive ex wants to have emergency full custody or shared custody because he apparently has "concerns". I am open to shared custody but I'm worried about how likely this will be. We also live 9 miles from each other. I'm worrying about school and his doctor's, which area would the school be in as we live in separate boroughs/councils? His doctor's surgery is in my borough. My housing situation relies on the fact that my child lives with me. Like I said, I am open to shared custody but I'm worried about the repercussions in every day life for both me and my son.
SeparatedDads Editor 19/10/2016 at 11:24 am
It is highly unlikely that your daughter's ex will be awarded joint-residency through the court if he has had little involvement with his child. A court will always decide what is in the child's best interests and stability and consistency are considered most important. Upping the access from one night per week to shared-care will rarely be considered.
Tray 18/10/2016 at 2:15 pm
My 22 year old daughter s. Ex partner wants 50/50 custody ,they split up when she got pregnant had nothing to do with the pregnancy did see his daughter a after a while cause my daughter took her to his mums,never paid maintenance in 4 years ,he started having her one night a week when she was about 2 several fall outs have happened he's hurt her twice that I know of ( I have photos ) police were in. Valves but Hayley did not press charges.please help me in what's going to happen we are worried sick
SeparatedDads Editor 17/10/2016 at 12:51 pm
I'm afraid there are no legal rules/rights that will force a non-resident parent to take care of their child where they do not wish to.
mrsbean 16/10/2016 at 2:33 pm
My ex and I divorced and both remarried someone else and I have 4 kids with him and a child with my husband now.my ex has just had a baby 2 months ago. Before they would have the kids and over night here and then. Even though court shared the custody and he was ment to have the wed for few hours and Sunday. Because of him keep changing work I was being nice and letting him see them when he can. But now he say he works nights most nights and dont have them over night and get told dates fpr him to have them few days before if not on the day! His wife won't even let me text her no more to sort dates out as its nothing. To do with her now they have their other child. What rights have I got to aak for them to have the kids every other weekend from Friday to Sunday even tho he works nights
SeparatedDads Editor 12/10/2016 at 11:24 am
I am sorry to hear this. Of course every case is different and every resident parent who tries to stop access for a reason has to be listened to, as some cases are genuine. However, in turn there are many cases that are not genuine and lies are fabricated from both sides. It is up to Cafcass and the court to try to unravel whether these lies are fabrications or not, which is not always easy. The court is trying to do its best to make sure justice prevails, however, this is not always easy because we live in a deeply flawed society all round. We wish you every success in your court case.
JonnieJ 11/10/2016 at 3:22 pm
Hi >> notice how many comments are simply Fathers trying to get even access to their children. It is a shocking reflection on the UK that decent fathers are being deprived of a relationship with their children. It is archaic. As I head to court to fight for the right to equally parent my children, facing dogs abuse and lies in the process, it does nothing to help our children adapt to the sad breakdown and separation. Fathers rights have to be improved.
gemwod 10/10/2016 at 3:12 pm
Hi,

My ex has my daughter 3 nights one week and 4 the next week on set days. He has her the monday, wednesday, friday and every other sunday. So its 50/50 although due to the days he has her I actually have her more hours than he does because I have her the full saturday and he has her only the friday night. So is this actually 50/50 custody or more in my favour? I need some advice as he is refusing to pay maintenance.


Thanks
Raz 06/10/2016 at 3:42 pm
My partner exerted the separation whilst I was in hospital recovering from a stress related breakdown and since then have been no fixed abode and seeking rental. She says the home is much better without me around and social services have been involved due to the emotional harm caused by my actions (though I'd argue ill health). If I exert my right to sleep under own roof she'll basically get nasty about custody. The social worker has spoken to me and said the boys are a credit to both parents and love us both very much and that the case is closed, however it is very important that I demonstrate a full and sustained recovery. We are yet to attended mediation but partner wants to start immediately. I would like to be able to provide home for my 2 young boys and have as much time them staying under my roof as with their mum. She has made positive noises saying it is usual for fathers to have care every other weekend and "see" them one night in the week. That won't do for me ! What should I reasonably expect? How can I get parenting 3 nights a week rather than 2 nights every other week? How can things change over time? I am fearful of being frozen out of their lives.
Dad 05/10/2016 at 11:18 pm
Hi,

The article refers to "Research has determined that when children have experience of shared custody they have better relationships with both parents and are more satisfied with their lives".

Can you please send me references to that research so that I can use as part of my argument in mediation?

Thanks
SeparatedDads Editor 03/10/2016 at 1:55 pm
If you are doing most of the travelling, then you may be able to apply for a 'special expenses variation' on your child maintenance payments, However, this does not address the issues of lateness and unreliability which can only be addressed through mediation or in the extreme; court. Therefore, you may wish to seek legal advice regarding this matter.
Ray 02/10/2016 at 10:54 pm
My wife and I separated a year ago. We have our own arrangement between us with regards our two children aged 4 and 6; I have them every Tuesday night and every other weekend from Fri pm to Sun pm plus various holiday periods. It is always me that does the travelling to pick up my children and then return them. I live over 20 miles away. It is not uncommon for her not to be home on the Sun night when I go to drop off the children and giving me very little notice that she is going to be late. Normal drop off is 5:30pm but she can be 2 hours late. I have told her that she can collect the children from me due to her unreliability but she refuses. She drives and does not work at weekends, she is usually running late from her boyfriends. What can I do? Is it fair that I do all the driving?
fight4right 26/09/2016 at 6:11 pm
Hi everybody, I´m despred, and need your help and advise. My cousin is married for 6 years now. He and his wife are having a 4 years old boy. His wife is drinking now for over 2 years. She freaks out very often, so that the police has to come by. She got arrested severel times for 24 hours.But this didn´t change anything. Now he wants a divorce. But he is scared about his son, that´s why he wants to get the alone custody. A lawyer told him, that it would cost over 10.000 pound. My cousin is working very hard, but even with my help and two jobs, we can´t put so much money together. Do you know if there is a possibilty or an organisation for fathers that could help him, or support?
I love my nephew, he is a wonderful, lovely kid ! He should get the best care, and his dinking, courising and aggressiv mom, is not good for him.
PLEASE, help. Every advice is helpful.
Thank you, and good luck to all dad´s fighting for their rights.
SeparatedDads Editor 26/09/2016 at 12:23 pm
Really, it should be something you should negotiate between you and your ex. If your ex is the current address on the system, then unless she authorises the change the school will take her as the go-to authority regarding whether she wants it changed. However, there should be no reason why there can't be two addresses on the system and you may be able to seek legal advice to see whether you have a case for yours to be added. A simple solicitor's letter reminding the school of your parental responsibility and your equal shared rights, may help.
Panda 25/09/2016 at 4:49 pm
HELP!
I have shared residency of my daughter who is due to start high school next year. I am desperately trying to find out why my name and address cannot be added on to the admissions data. My exwife is down as the primary address even though we have shared residency and my daughter lives with me for the same amount of time. On occasions when I do get copies of letters from the county council they have my ex wife's address on. I have pointed this out to the admissions department but they can only have one address on the system. I have never given my permission for my ex wife's address to be the primary one. I have lived at the same address for over 10 years and my ex has moved 6 times. My address is the more perminant and stable one. My daughter will need a bus pass for high school from my address but not her mothers, so if my address isn't registered on the admissions system I may not get a free bus pass for her. Does anyone out there know why the mother has to have priority and why can't my address be the priority one or both be on the system? No one seems to know any answers and I'm being passed from pillar to post. We both applied for her primary school place and will also apply for her high school place. So who gets the priority?????????????? Dads once again get second place to the mother!!!!
SeparatedDads Editor 23/09/2016 at 2:12 pm
It may put things into perspective if you can see what you should be paying if your ex decided to go through the CMS, To answer your question, yes, regardless of your ex's lifestyle you are personally and jointly financially responsible for your kids.
Mouse 23/09/2016 at 10:11 am
I don't earn much money at the moment but there is a problem with my part in paying any maintenance. I have been giving my ex what I can afford every week but she says it's not enough. We have shared responsibility for our 4 children. They stay over at mine between 1 to 3 days depending on what my shifts are at work. I'm always taking time off by way of a request from my ex si she can go and see her bf in Blackpool. She claims for all 4 of our children, so should I be giving her any money at all. There is no court order in place for maintenance or visitation rights. We are both struggling financially. I need clarification on what I need to do in terms of maintenance.
SeparatedDads Editor 21/09/2016 at 11:20 am
The problem is here that a court will not usually change an order to one of shared care unless absolutely necessary. Shared-care arrangements are also usually agreeed between parents or are continued as an extension of an otherwise existing arrangement. The courts main priority is to decide what it thinks is in the best interests of your child and will usually err away from creating any form of disruption, unless there is a very good reason for doing so. Before you apply it may be worth seeking some legal advice though, in order to explore your options.
Paolo 20/09/2016 at 11:48 pm
Hi, my partner and me we split up but we living in the same house with our son. She have a relationship with a man since few week (3 or 4) and now she want to live with him ASAP. Basically she want live with our son but at the moment this guy, he renting just a room. This evening she wanted to sleep with our son to this guy but I was not happy and I brought back my son to home. First I don't know who he his, he never asked to talk with me. Second I don't want that my son will live with this guy. Can I ask my right and what I should do to avoid this?
Barrie 20/09/2016 at 11:24 am
I have a contact order with my 4 year old daughter which was put in place when she was 6 months old, due to her mother restricting my access. This has worked reasonably well. She has recently started full time school and the current contact order doesn't really work anymore. The quality time I have is depleted significantly. I have tried to discuss other contact agreements with her mother which is stalling and cannot be agreed. I will inevatibly have to return to mediation / court to modify the contact order. Only this time I am thinking of applying for joint custody. My daughter has everything she has at her mothers home that she does mine, bedroom, play room, wandrobes full of clothes etc etc, it is currently her second home, and proximity to schools etc is good. BUT... my work pattern is 28 days away overseas 28 days at home. This has always been the case for the last 12 years, so its nothing my daughter doesn't recognise. I can understand for new born children a stable single place to grow is beneficial. But now my daughter loves staying with me and sometimes does not want to return to her mother as per the contact order. What kind of chance do I have of this being granted? I will be returning to court to modify the contact order without a doubt, but rather than modify why couldn't I simply apply for joint custody? Any Advise?
Adam 05/09/2016 at 5:37 pm
I have been separated from my ex partner for 20 months and up to now we have been able to come to an agreement with regards child care and costs. Our daughter is 5 years 7 months and has been sleeping predominantly at her mothers more recently.
Recently she has requested maintenance from me, which I have re-proposed with shared residency, however due to her displeasure with my proposal she has threatened me with legal action to seek maintenance from me.
I have tried to communicate with her by phone and arrange sit down conversations, but this is increasingly been made difficult by her commitment to follow through.
As a responsible father to my daughter, how do I go about achieving shared residency, so that I can balance her care from myself and her mother?
Albert 22/08/2016 at 5:05 pm
I have shared residency of my 2 children. My son is due to start high school next year. I live further away than his mother and therefore would need a bus pass for the local education authority. I also want to be the person who registers my son for high school. As we both have the same amount of parental responsibility, can you advise me how I go about making sure it is myself who registers him. Getting rather fed up of being the one who gets copies of things instead of original documentation, when we both have the same rights. Hope you can help!
Woody 18/08/2016 at 10:35 pm
Need help. Me and my ex split up 2 years ago we had an agreement that when she moved nearer to me I could start having my son more during the week instead of just the weekends now she has moved she is refusing me access to see him during the week. I've offered mediation which she has refused and my son keeps telling both me and her that he wants to live with me and she won't allow that either. What can I do?
me 18/08/2016 at 6:57 pm
need advise please.... me and the ex aren't getting on well at the moment I'm going for shared custody but while this goes on can the ex leave my kids with a stranger or babysit that I don't know and what can I do if se trying to get her new fella to moving with her and I heard she told my boys to call him daddy
Kh 10/08/2016 at 1:14 pm
Please help. My partner is birth father and on birth certificates and was married at time of births. He wants to keep one of the children. Mother refuses to give her up as she says she doesn't want to lose money.
There is no court order in place.
Can he just keep her?
Littledad 08/08/2016 at 6:44 pm
I have recently moved to another town (to help my new partner to have better acces to see her kids). Its roughly 40 min drive from the town where my kids live and where I run my business from. I currently see my kids 50% of the time, My ex is now saying I can't have them through the week due to the distance that they wilI travel with me. We agreed during seperation through the courts that it would be 50% shared time. She wants to reduce it to by weekly for the full weekend. Has she any rights to do this?
Tamps 05/08/2016 at 2:53 pm
Why does a benefit determine who is the primary carer ? I work full time and support my daughter through my own hard work. Not by support from the government...
Can I counter claim the child benefit... not so I benefit money wise but just so I am equal to the 'primary' parent leaving me with just as much right to make decisions for my daughter? because as it seems my word will be over heard just because she claims benefits which is ridiculous...
SeparatedDads Editor 05/08/2016 at 11:59 am
Even though you have shared care of your child, the 'primary carer' is seen as the person who recieves child benefit, as benefits can only be paid to one parent. I can only suggest you sort your issue out via mediation if you cannot resolve it between yourselves. Otherwise, the last resort would be court.
SeparatedDads Editor 05/08/2016 at 10:01 am
You would have to have to speak to the child benefit office regarding these matters as we don't have this information. However, the court order will stand. Your ex would have to apply for a variation through the courts if she wished to try and contest it.
Tamps 04/08/2016 at 3:22 pm
Hi just a quick one.
I have 50/50 shared care through court.
My daughter is coming up 3 and we need to decide what school she goes to.
Me and the ex are from different towns and have different views. We cannot agree on where our daughter goes. How do we manage ?
Also because I do not claim child benefit and the ex does, apparently that makes the mother the main parent ? how the heck does that work !
WorldCitizen 04/08/2016 at 1:38 pm
Could you please advise me on the following issue: I have a child with my ex partner (they live in Spain with my daughter). Now i am happily married and have a baby with my wife. My ex partner has moved to London and is introducsing chaos in my life. She is using our daughter to make me help them to settle in, as she does not speak English. She basically hopes that a generous benefit system in this country will provide for her.....and my daughter. She is threatening me that one day she will drop my daughter to my house and disappears.
She also demands more money. I have been paying a child maintenance since we separated (300 Euro per month- as they were living in Spin) but she now demands more.
I would like to put a stop to it. Would you know whether i can seek some legal advice as to set the amount i need to pay her and establish the visits, etc.

Also is my wife's salary taken into account when calculating child maintenance.
Please help me I am at my wits end.
Sky 04/08/2016 at 3:15 am
I have four kids with an ex partner. We have a court order in place that specifies shared care. It also specifies that we both claim benefits for two named children. 6 months ago we agreed that I would claim benefits for the remaining 2 children with the view that I would give her the benefits since I was unemployed and she was working, Whilst this was agreed one of the children she was previously financially responsible for wanted to go on a trip that cost over a £1,000. I agreed the payment . My child aged 14 then had an argument with my ex and left the home to live with me. I have been making payments for the trip however my ex has now asked child benefit to pay the child benefit for all children to her. I have informed the child benefit agency that 3 of the children do for the most part vist their mother and spend nights with her on a shared care basis however one child now resides fully with me and may stay with her mother on occasions. Child benefit are now asking for information on how many nights the children spend with me and when they leave my care and return to my exs care.

I have the following questions : 1) the Residence order states that I should claim benefits for A & B. Can the child benefit agency over ride the Residence order even though we share the care equally and pay my ex the child benefits.? 2) The Residence order specifies that my ex claims for C&D however they agreed that I was the main carer in writing to the Child benefit office who began paying me untill they stopped it when she changed her mind. I have contested this and they are re-investigating. Can they still give her the child benefit for C child who is not living with her .3) Can they pay her the child benefit even though she agreed for me to receive the child benefit for C & D. 4) Is the order still in force even if a child is not with her. Thankyou Sky
Cbtasr 30/07/2016 at 10:34 am
Hi - can anyone help me as I am finding myself stuck between a rock and a hard place! I have a contact order with the court that says I get to see my children, now 9 and 11 every other weekend and for longer periods throughout the year as arranged. My ex is a horrible woman and seems to be manipulating my 11 year old daughter into not wanting to see me. This is now the second weekend I have not seen my daughter as her mother says she is sick and doesn't want to come. So I now won't have seen her for a month. As she is 11, am I able to insist that she does come with me for my weekend? Or can I pay my ex half the monthly money if she is only letting me see half my children? I can't even talk to my daughter, my ex has blocked my mobile number from her phone for control purposes. I have rights and I pay her more than the CSA guidelines so I don't accept that she can stop me from seeing my daughter. I don't want this to end up back at court!! Thanks for any advice!
Cheese 29/07/2016 at 12:37 am
Hi my ex has now decided to want 50/50. He has told me he don't want to pay child maintance as he can't afford it but his on a good wage but his got bills and debts to pay for. I mentioned csa and now he wants 50 50 so he don't have to pay. I have 2 kids. 4 and 2. I just want to know my rights. Have a I got to accept the 50 50? He is on the birth certificate. What happens if I disagree with it. Will that mean he still have to pay child maintance?
Dannyboy1986 27/07/2016 at 7:29 pm
Hi me and my ex currently have a 6 year old daughter I only get to see her when the mum says so but I would like to have her on weekends
Del 21/07/2016 at 4:18 am
I going to court at minute and would like to know if there any sport for dads
SeparatedDads Editor 18/07/2016 at 2:30 pm
There are no laws to specify who looks after the child/children. However, if the resident parent disagrees it could give her ammunition to breach the court order.
Nanna1 17/07/2016 at 9:11 pm
If my son gets custody three days a week does the law prevent grandparents helping out in school holidays ect.
Lush 14/07/2016 at 9:46 pm
Hi my son & his partner separated a year ago he as been picking his 2 children up from childminders every Wednesday and on Thursday his son goes to school and I look after his 15 month old daughter their mom picks them up from my house at 5.30 pm on Thursday he then picks them up from school and baby from childminders on Friday at 4 pm he keeps them overnight again and returns them home Saturday even though the arrangement was she would pick them up but after living with me for over a year he as finally got his one place which is now 7.2 miles away a 15 minute drive and she drives but she is saying unless he fetches them and returns them he is not allowed to see them is this right ??????
Richards 10/07/2016 at 11:54 pm
I have recently had a baby that is my exs and have applied through CMS for maintenance as he has not provided anything or even checked up on the LO, he has denied paternity which I knew he would and has said he wants joint custody (but I feel like this is to reduce his payments). I believe him to have borderline personality disorder but not sure if I am correct and if he has I don't think he seeks help which leaves him very volatile, easy to anger and very manipulative, I fear that if he gains joint custody he will not look after my LO and manipulate her mind about me as he has done to all his friends.
He is also not named on the birth certificate, what are the chances of him getting joint custody if he applies for PR and how can I prove he has a personality disorder.
Son 09/07/2016 at 9:13 am
Hi this website looks as though it's only for fathers! I'll ask my question anyway! I have shared custody of my 2 children my daughter is now 16 and doesn't always want to go back to her dad's. I have a residency order if she wants to stop going to her dad's or even stop coming to mine, do I have to go back to court or can we just go with whatever she wants! I would prefer to go with what she wants but he isn't a man you can negotiate with he's very controlling!!!
SeparatedDads Editor 05/07/2016 at 2:30 pm
It depends whether your ex and you have an agreed official shared-care, of whether you are defined as the non-resident parent and your ex as the primary carer. If you are classed as the non-resident parent and your child stays overnight with you on a regular basis, this will reduce the amount of child maintenance you have to pay, However, if your ex feels that the division of care is somehow unequal and she is classed as the primary carer, then she may be able to claim. The definition of shared-care can be ambiguous, but there are certain rules attached to the term.
Smithpunk 05/07/2016 at 5:28 am
I have 18 month old son and we share residency 50/50 but my ex partner is demanding money, can she do this?
charlieoz 01/07/2016 at 7:18 pm
hi. Me and my boyfriend have just split up I have a 6 year son from a previous relationship and we have a 18 month old son. My 6 year old son doesn't see his dad but my ex parent of my 18 old son wants to have 50/50 custody he's told me if I don't agree to see to see a solicitor I don't earn lot of money to pay for a solicitor. I work part time I don't want to have 50/50 custody my son is still a baby and my 6 year old would be lost with him being at home I have no problem with him having him but just not 50/50 what can I do and I also don't want to be bullied into anything
SeparatedDads Editor 29/06/2016 at 12:18 pm
There is nothing you can do regarding this. If your name was registered on the birth certificate, then your ex would have to ask for consent if she wished to change your daughter's name officially by Deed Poll and if you refused, then she would have the option to take the matter to court. However, you cannot prevent your ex from using the double-barrelled name unofficially (doctors/school etc) or even dropping your name altogether if she so wished, both for the daughter in question and/or your other daughters.
John 28/06/2016 at 12:22 pm
I was married for a short period of time during which I agreed to have my ex wifes maiden name included as one of my daughters middle names when her birth was registered. My ex wife attempts to double barrel my daughters surname which I do not want, nor appreciate. My ex wife continually ignores my request that my daughter has just one surname which is obviously my own. She has done this with my daughters doctor and I fear that she will do the same with her pre school. What can I do and can I legally force her, doctors surgery, school etc to use my daughters correct surname? Thank you. J.
Stacey 25/06/2016 at 2:05 pm
Hi my partner got regular contact through courts when his daughter was a baby, now she is 6 and the mother is always trying to get her way with changing arrangements etc, i advised him to see about back to court to sort things again if she keeps twisting and turning things to her benefit, but she is now saying that he is required to have her half of the school holidays is this likely to be true? Thanks.
SeparatedDads Editor 23/06/2016 at 2:24 pm
You would be advised to seek legal advice regarding this and whether you have a case to request 50/50 shared care. The court will usually only offer a shared care arrnagement if both sets of parents agree - but you may have a case if you are already co-parenting.
SeparatedDads Editor 23/06/2016 at 11:41 am
You do not have to pay above and beyond what the CSA/CMS has specified. Anything you pay for over this agreed amount is at your own discretion. You can see how much you should be paying which
rr 22/06/2016 at 9:51 pm
OK so I have been with my husband for 7 yrs and we have his daughter complete 50/50 we pay for everything on our side and take her on 3 holidays a year (her mum has took her on about 2 in those 7yrs ) we still have to pay CSA. my step daughter has a disability and her mum gets all the money for this along with all benefits. We have just received a letter that the CSA is now changing and I noticed there is a section regarding going to court about the payments.......if we went to court to get our 50/50 care registered where does this leave us money wise? we have her 4 days then her mum 4 days and it roles like that throughout the year so full shared care!! it annoys me that her mum receives everything from us and benefits and DLA yet we provide a lot more for her than she does!!
triker 22/06/2016 at 4:04 pm
Hi I have been separated from my ex wife over 3 years and recently divorced. I have shared custody agreement arranged verbally between my ex and myself. My ex receives the child maintenance and I have been paying her monthly amount since we separated (amount suggested by CSA through telephone call) for my two children aged 12yrs and 13yrs. I have them 3 -4 days a week, 4 weekends away a year, and normal 2 weeks holiday each year. Although receiving maintenance from me each month, she constantly asking me to pay for clothes, school trips, plus £70 a month for dinner money, haircuts, trainers and anything else.
When the children were much younger, I continued to pay for pension, and she used the time to complete further education courses while I looked after the children, so she could get a better job when children started school, which she did.
If I'm paying for shared costs for the children's clothes and everything else, what i'm I paying maintenance for? The only difference I can see if that my ex is a female, so she benefits from this gender. The children a more or less at both parents homes equally. So can I suddenly suggest I will receive maintenance for the children from her and child benefit.
I feel this is very wrong, I would never see my children go without, but I hate the thought my ex sitting comfortable and me being overdrawn every month. the system is wrong and very one sided.
SeparatedDads Editor 20/06/2016 at 11:27 am
Much depends on whether you are seen to have shared-care of your children, or whether you are classed as the non-resident parent. You can see how much you should be paying by the CMS calculator here, or you can ring the CMS for some direct, free advice. I hope this helps.
Hotdog 19/06/2016 at 10:02 am
My wife and I seperated. I work shifts so I have our two kids for 3/4 nights out of 8. She still wants £400 pm plus split all other kids bills ie..clothes..after school clubs...trips. We earn the same amount. Plus I work over 100 miles away. Is this right?
Olly 15/06/2016 at 8:46 pm
Since my wife was unfaithful 8 years ago we split and I now live over 40 miles away however we have shared custody (no residency order in place) I alone have paid the full travel costs for my children in the past 8 years totally over £12,800. My ex has contributed £10 in all this time. Unfortunately after a brain operation last year I an unable to work for the next 2 years so money is tight I have asked my ex to contribute 50/50 to the cost with no joy. However I was speaking to a family friend the other day who works in familt law and she said that as no residency order is in place only the parent wishing to see the children is liable for the costs "to see them" hence me when I collect them. BUT my ex on the return journey as then it would be her that wants to see the children and not me as they will already be in my presence. I do know that if I chose no to return them there is legally nothing she could do as legally they can reside at either mine or her property due to lack of residency order. I was wondering in a nutshell does she legally have to contribute or should I just stop returning them and that way it will force her to collect them as financially it isn't plausible anymore!
SeparatedDads Editor 15/06/2016 at 10:48 am
If you can't agree between you and your ex and you think your ex may take your daughter away without your consent, then you can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. However, there is no guarantee you would be granted this order, as the courts would decide on what it thinks is in the best interests of your child. Have you thought about discussing this directly with your ex and relaying your feelings to her? If she will not take your opinion on board, then another option which you may wish to explore prior to a court order is mediation, please see link: Mediation: What is it and is it For Me? here. I hope these suggestions help.
SeparatedDads Editor 14/06/2016 at 12:54 pm
If there is a court order then unless you both agree to the changes, then no you cannot change the terms. If you have a family-based shared care arrangement then it is better that any changes are negotiated first, but there is nothing stopping you from making changes if you feel they are necessary. However, if you restrict access then your ex's option would be to take the matter to court.
James 14/06/2016 at 11:32 am
Hi I have joint custody of my daughter aged 3 I have her more than 50% and my ex wanted to move over 2 hours away and take her, which means taking her away from all my family all her family and out of nursery and swimming lessons everything, what Can I do about this?
questionmark 13/06/2016 at 5:20 pm
Am I legally allowed to change access days (tea time visits) without my ex's consent? She goes twice a week and it's making her tired at school. She lives with me and sees him on alternate weekends and twice a week for tea.
Mart 12/06/2016 at 4:17 pm
My partner and I are in the throes of a separation which is proving a bit difficult for me... If I'm taking medication which helps with my current anxiety, will that work against me in any custody claims? Also, My partner has another relationship which is ongoing, both her and her "friend" are high earners, will I still be expected to financially contribute to our children?
thablaclghost 12/06/2016 at 3:59 pm
Now I received 50 50 joint custody thru our local court house....during the upcoming months..the mom started act weird...she was seen butt naked at 330 in the morning screaming I'm god...she began to here voices....well I notified cps and our local sheriffs.... Now isn't it only right for me to get my kids after the removal...because of me having joint custody and me not living in the home where they were renoved
Ndw 10/06/2016 at 10:24 pm
Hi I recently split from my girlfriend we have daughter we decide to share 50/50 time with her .do I intaitel to any financial support all all of it will go to my ex girlfriend
SeparatedDads Editor 10/06/2016 at 2:46 pm
You would have to take the matter to court in order to apply for custody. But please be aware that it is rare that a court will take a child from one parent and hand the child to another unless absolutely necessary. If your ex has a history of alcoholism which proves she is unable or unwilling to care properly for your daughter then you may have a case, in which case you can self-litigate, see link: here. However, it is advisable to seek some legal advice to help you assess your options.
SeparatedDads Editor 07/06/2016 at 2:38 pm
Shared-care orders are rarely awarded in court unless both parents agree. It is also unlikely a court would change a living arrangement unless absolutely necessary. The court will always opt for what it thinks is in the best interests of the child and unless there is a good reason to change your step-son's living arrangements it is likely to be disregarded. However, if he is having psychological issues then it may be worth seeking some legal advice to explore whether you have any options.
ConcernedStepmum 06/06/2016 at 11:06 pm
My husband wishes to seek 50/50 access of his son with his ex partner as his son (my stepson) is having a lot of issues at school surrounding knowing where he fits in and something his therapist refers to as his 'safe place'. We currently have him over night 2 nights a week, 1 week day and 1 weekend. He has shown violent tendencys towards his mother for the past year (physically attacking her and hitting her along with verbal abuse), fortunately we haven't experienced any such behaviour when he is at ours. We live within a 5 minute drive and would be able to take him to the same school and accommodate him seeing the same friends etc. He is 8 and has expressed himself the wish to stay at ours more and make it 'fair' as he says himself. The family dynamics of both homes are the same (1 parent 1 step parent and a younger brother) in both homes. My husband and myself cannot think of any negatives to changing his living arrangements to a 50/50 arrangement. However we know we will face resistance from his mother. If we were to take this to court does anyone have any experience of a similar situation where an order has been granted in the fathers favour? Just to add a little background info my husband has previously taken his ex to court to get a court order put in place because she stopped access for no reason when their son was a few months old. At that time my husband was still living at home with his parents and a 50/50 order wasn't an option. The original order is no longer followed as relationships have became more amicable and working patterns have changed.
Jon 04/06/2016 at 9:34 pm
Hi I separated from my wife over 11 months ago, I have a 3 year old daughter with her. Who I see every weekend and all school holidays. My daughter has said me and my wife, she wanted to be with Daddy. And has not got a good attachment her mother. And has a strong attachment to me And wife has a history of going out and drinking excessively and get her friend to baby sit or letting her parents see to my child when her mum is a alcoholic. I do have the money to divorce my wife or fight for full custody of my daughter. Is there any other way to get full custody of my daughter on grounds of attachment. As I am worried about my daughter's well doing emotional well-being and as a single father I feel powerless.
SeparatedDads Editor 02/06/2016 at 2:23 pm
I'm afraid we cannot predict whether the court will grant your ex more access. However, if you are considered the primary carer and your ex the non-resident parent, it is unlikely that the court will offer your ex more care than you, if their routine would be compromised as a result. The court will always decide upon what is in the best interests of your children and if the access you are offering is already fair then I can't see the court would see any reason to change this.
LL 01/06/2016 at 11:44 pm
Hi i offered my ex partner shared custody 12 months ago when we split and he denied it through solicitors saying it was no way feasible. He's since moved in with his partner but work commitments are still the same. He's now requesting 4 days a week to the stage I feel he's bullying me into agreeing. He's had continuous
over night weekend contact since the split and we live a 30 minute drive apart. I have shared xmas birthdays always seen myself to be fair. Will the courts grant him 4 days as I've received a solicitor letter with his requests but I've denied any change to the current arrangement. Child is 17months old and in a fantastic routine along with her 8 year old sister from a previous relationship.
Thankyou
SeparatedDads Editor 01/06/2016 at 11:17 am
Shared care or joint custody is usually agreed by the parents and not commonly issued through the courts as one parent is usually considered the primary carer and the other the non-resident parent with access. If you are currently the primary carer, you are under no obligation to change this. Your ex may wish to take the matter to court if you don't agree, but if you are open with the access arrangements then the court is unlikely to move the arrangement to shared care, especially if he does not have the means to house your children.
Venus12 31/05/2016 at 2:03 pm
Hi, I'm the breadwinner and the primary carer (kids live with me, husband moved out). While I make more money, I'm still spending my whole paycheck on rent and expenses every month so have nothing left over and wish he was able to help more than he does. He currently has no money for a place where the children can spend the night, but is still saying he wants shared custody. Based on his past disdain for parenthood, I suspect his motive is purely because he wants to get the bulk of our assets in financial settlement, claiming he needs a home big enough to house them. Is that a sound argument? They are very young, so while I am happy for them to see their father, I don't think they should have two homes during the week as he suggests when they're just toddlers.
SeparatedDads Editor 26/05/2016 at 10:30 am
Much depends upon your husband's situation and whether he is working or not and what his living situations are (whether he is living alone or with others) which makes this difficult to advise on. You can agree to shared-care as laid out in the article and you can agree finances etc through a family-based arrangement. However, we cannot advise on how you can best take advantage of the situation with regards to more formal arrangements such as tax credits, council tax etc as these are changes you are legally obliged to inform the various institutions about. I have given you a link to the Money Advice Service here which may help a little more.
SeparatedDads Editor 25/05/2016 at 12:55 pm
When you have 50/50 shared-care of your child, then child maintenance is usually not paid, unless one parent is made the primary carer and has the child more evenings than the non-resident parent. With regards to other benefits such as child tax credits, you can see what you may be able to claim via the site Entitled To here. I hope this helps.
SeparatedDads Editor 25/05/2016 at 12:46 pm
You would have to apply for a Specific Issue Order
Mackenzie 25/05/2016 at 10:00 am
My husband and I are recently separated, and we are still technically living together in the family home. He stays most of the week in a house across the road but doesn't want to make it official - i.e. tell the council re council tax, or hmrc re tax credits in case of any potential battle in the future about child custody or access. I don't see us ever not being able to be reasonable with eachother about the kids, but I understand his concerns. Is there anything legally that we could do to protect his rights to the kids without going through a formal separation agreement? Are his concerns founded - that he would lose some parental rights if he officially took up residence in another house? Although he wouldn't be able to take on 50% of the child care, he probably could manage 30%, but we would both prefer this to be a flexible arrangement as possible, so that when he has more time off work he can see them more, and visa versa. Thanks
Spider Rob 24/05/2016 at 8:31 pm
My ex and I have decided to call it a day we have also agreed on 50/50 custody the only thing is would I be able to get any financial support I don't earn alot but I do work I've never made any sort of claim before so no idea where to start any help would be much appreciated thanks
VljA 24/05/2016 at 7:45 pm
Hello, My ex is refusing my 5 year old daughter go and see her grandparents with me and my partner. My daughter is staying with me every weekend and she would like to go and see them. They live abroad. There is no way to discuss anything with my ex - only way how I can see my daughter is to always pick her up from her flat and bring her back, there is no mutual agreement, there is only her way or no way. This is bringing tension to all relationships. Is there anything what I can do ?
SeparatedDads Editor 23/05/2016 at 2:21 pm
I'm afraid this is something you will have to negotiate between you. As your ex pays CSA/CMS he is only liable to pay this amount and no more unless he agrees. I can only suggest you seek legal advice if you wish for your ex to take more responsibility of your child.
SeparatedDads Editor 23/05/2016 at 11:03 am
I can only suggest you seek legal advice regarding this matter, as it is likely in order to get a resolution to your issues you would have to take this back to court.
SeparatedDads Editor 23/05/2016 at 10:47 am
As you have parental responsibility of your child, your ex has to ask your consent to move out of the area. If you feel your ex may move out of the area without your consent and take your daughter with her, you can apply through the court for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. At the same time and should you wish, you can apply to the courts for a Child Arrangement Order which will determine which parent your daughter should live with. If the court rules in your favour, you would become the primary carer of your daughter and your ex the non-resident parent. However, there is no guarantee the court would rule in your favour, but the court does value consistency and stability which your child currently has, the court will always decide what it thinks is in your child's best interests. Of course, court is always considered the last option and if you can it is in all of your best interests to try to agree this matter outside court, or via mediation. Shared care is an unlikely option given the distance your ex is thinking of moving, therefore it means one parent will become the resident parent and the other parent, the non-resident parent. It is up to you both to try to decide what is in the best interests of your child and if you can't agree then you will have the option to take it further.
Rachy 22/05/2016 at 9:05 pm
My ex partner pays csa every month. We have a 3 year old who for the past twelve months has been in nursery full time so I can go out to work which I have paid for. I am going to be moving in with my partner and have asked him to help out having half and half responsibility for our daughter. I'm not moving much further than I am now he can easily get access to his daughter and have offered him shared custody. He hasn't agreed and wants to keep it to having her 4 days a month which I don't think is fair considering I have paid for her nursery alone for the past twelve months. Where do I stand with this?
Happiness 22/05/2016 at 9:36 am
My ex partner managed despite violent behaviour and other things to get a shared residency order a few years ago however I had the main contact (he had every other weekend and one evening every other week) he fought me over schools recently wanting to change my diagnosed child from his school two years before secondary) and he wanted half time, our 9 year old child wanted less time. Due to his behaviour he didn't get half time. He now has an extra evening and tge school wasn't changed. Can I get the shared residency changed? I have most of the responsibility. He is very disagreeable about things and we can't agree on much, he keeps me out of things to do with our child that are important causing stress to me and our child. What are my rights?
mah1982 22/05/2016 at 9:08 am
Hi,

My nearly 4 year old daughter has been living with myself and my ex wife. The situation has been that she since just over 1 has been living in the married house with either her mother or me her father.

My ex wife has a new partner who lives 100+ miles away. She is now pregnant and plans to move there.

With this there is no way I can get to see my daughter. I work Monday to Friday and by the time ive driven that 100+ miles its easily 8pm and her bed time. Also if I was to get her I wouldnt get home until Midnight.

Her 4 grandparents are here
Her aunty is here
Her nursery is here along with friends
Her childminder is here

She has mild ocd and needa routine and I know for a fact moving will upset her and unbalance her.

What can I do?
SeparatedDads Editor 20/05/2016 at 2:58 pm
You would have to apply for a Specific Issue Order through the courts, I hope this helps.
JH 20/05/2016 at 12:37 pm
Please help!!! I have joint custody of my two boys with my ex, she has them more than I do due to me working an antisocial shift pattern. I want to take the boys out of school for the past week of school term before Christmas as this is the only time I can get off work, however my ex has said no as she doesn't want them out of school and she seems to like throwing a spanner in the works wherever possible. Where do I stand legally considering the school will give permission for it in the first place?!?!
SeparatedDads Editor 17/05/2016 at 10:33 am
As your step-daughter is now 15, should you take the matter to mediation or court then she will be allowed her opinion regarding where she spends her time. However, it is not as straightforward as that. Your husband's first approach should be to try to discuss this rationally with his ex. If he has done this and she has refused, then at this stage he may wish to seek some legal advice regarding his options and suggest mediation as a way to try to reach an agreement or compromise. A solicitor's letter stating that if his ex does not agree to attend mediation (it's voluntary), then he will take the matter to court, may make his ex reconsider mediation. The court prefers parents to have attempted to resolve any issue this way before it will let a non-resident parent apply, please see link: Mediation: What is it and is it For Me? here . If his ex refuses to attend mediation, or if the process breaks down before an agreement is reached, then he would have the option to take the matter to court to let a court decide. Before the matter goes to court Cafcass would then get involved, However, even though your step-daughter is 15, while she may have an opionion, the court will always decide what it thinks is in 'her' best interests, which may not always equate to what you or your husband may necessarily want. Once she is 16, your daughter will have more autonomy again. So it is worthwhile you considering what you feel the best approach should be. Mutual agreement is always the best one, if you can. I hope this helps.
Stepmom 16/05/2016 at 11:39 am
Hi this question is on behalf of my husband - he has a 15 year old daughter who has stayed with us at least every other weekend since she was 7. Her father pays maintaince as well as other things on top.

The daughter's going though a bit of a tough time with her extremely strict mum at the moment and also does not have an environment which is supportive in terms of support around her education. She often cooks for herself as well as doing a lot of household chores. Shes s great girl but we can see how hard she's finding things . We would really like her to stay with us more which her mum doesn't allow - and in that interest of the daughter we would like to consider joint custody. So she has a more stable home life and more support particularly in this time of GCSEs . She really wants to stay with us more but her mother won't let her so can you advise on how to apply for joint custody?
Pschu 09/05/2016 at 11:42 am
I have a daughter and a court order from the Netherlands about joint custody. However after our separation in Nov 2014 my daughter spends 50% of her time with me which is great and we had a family based agreement for child maintenance. However the mother of my child became more greedy and filed a case with the Child Maintenance Service told them that my daughter is only one to two days a week with me to get more money of me. I informed them that my daughter is 50% of her time with me send them the court order from the Netherlands which they ignored and told me, they only take the information the mom provides into the decision process which they did. I feel discriminated by the UK government as the father of my daughter. What can I do now?
SeparatedDads Editor 05/05/2016 at 2:30 pm
50/50 custody is preferred by the courts to be agreed between both parents. You may be awarded 50/50 custody if you have played an integral part in your childrens' lives. However, the best way to secure shared-care is to agree the principles and logistics between you and your ex, or through Mediation if you can't agree the arrangements between yourselves. If you take the matter to court, Cafcass would get involved and I'm afraid we cannot predict what the outcome of the Cafcass report would recommend and equally on the back of it, what the court may decide.
Gazdrummer 05/05/2016 at 1:06 am
Hi , I'm just going through separation with my wife. I work a shift pattern of 6 days on 4 off in the summer and 5 on 3 off in the winter. I have live in grandparents on my final shift of each rotation I have a night shift where I would.leave for work after the children have gone to bed, then grandparents willing to watch over them untilminarrive home again before they would wake. My question is I am looking for joint custody 50/50 and could do 5 days me 5 day wife in summer them 4 days me and 4 days wife in winter. Would it be allowed.on this kind of rotation of days as I couldn't have the children the same days each week. And what are the chances of getting 50/50 custody if it couldn't be agreed in mediation? Many thanks
Mike 29/04/2016 at 11:07 am
Hi there,
I'm wanting shared custody of my kids
We have them Friday night , Saturday night, and they go home on Sunday,
I beleive my ex's boyfriend isn't right to be around my kids so I am wanting to have them around me a lot more,
I have a good job and and good family to help me out, what the the chances of representing myself in court and winning, I don't beleive she will agree with it as she is more bothered about taking me to the cleaners for money..
Hope to hear from you soon ??
Martin 27/04/2016 at 9:01 pm
Hi all if anyone could give help I be much appreciated. I'm taking my ex back to court full custody knowing I'm not going to receive that my solicitor might have given me false hope. I am ASDA 50 50 Shared Care living arrangements but I don't know how to put it in writing to the courts can anyone help what I should expect to get if I get 50 50. I'm at the as they already know half full school holidays bank holidays rotations Christmas and stuff like that but I don't know how the weekly living arrangements go, can anyone help thank you
SeparatedDads Editor 25/04/2016 at 12:30 pm
Now your daughter and son are adults then you can approach them without going to through the courts. Social media is one way that you may be able to find them, or you may wish to use a professional tracing service, also the Living People link heremay help along with the Salvation Army's Reuniting Families, I hope this helps.
SeparatedDads Editor 25/04/2016 at 12:20 pm
You may in this instance find our Separated Dads forum useful for this sort of advice as many fathers have been through similar situations before and can therefore give some good advice. However, it is highly unlikely a court would issue shared care if you do not have your child very often. The courts usualy only consent to shared care when the parents agree to it. However, this is not to say you wouldn't be granted more access, especially if you have been on the same access routine since you split up seven years ago.
SeparatedDads Editor 25/04/2016 at 10:49 am
Joint custody is usually agreed between parents and it is preferred that both parents are in agreement. The court will usually decide that one parent is classed as the primary carer and the other the non-resident parent, even though the time spent with your child may be very nearly equal. Therefore, it is very difficult to anticipate what a court may decide. If you have occasional disagreements with your ex, but otherwise the parenting is pretty evenly split, then you may wish to contemplate Mediation instead to iron out your differences, please see link: Mediation: What is it and is it For Me? here. I hope this helps.
corey 24/04/2016 at 6:51 pm
I and my ex separated 13 years ago ive not seen children for 10 years.plus have no idea were about there are my son 19 and my daughter 18, just need help what to do next
Joey 24/04/2016 at 6:11 pm
Hi all, my child's mother and I have been separated for around 7 years now and the access hasn't really changed much. I am looking to see if I can gain joint custody as I am fed up of arguing over minutes and times. I have very little access at the moment. I have him from 1pm-7pm on a Sunday one week and then the following week I have him on a Saturday from 5pm till Sunday 4pm. I'm pretty sure this is a fraction of what I could get if I went to court. I have done mediation and not really got anywhere. I am now in the position to afford court so I was just wondering if anybody could shed some light on what I can expect or how I go about it.
Thanks in advance
Adz84 24/04/2016 at 11:58 am
Me and my ex split up in Feb, I work nights but I currently have my son Monday to Thursday from 3pm until 7pm, I then have him 3pm Friday until 7pm Saturday, and 10am Sunday until 9am Monday.

I want joint custody officially as I don't want her to be able to just chop and change as she feels like it, what chance would I have legally to get joint custody of him, there is no neglect issue from her or anything like that, I feel we are both good parents and both have great relationship with him, but issues between us has caused her to be vindictive at times.

Thanks
SeparatedDads Editor 21/04/2016 at 1:54 pm
I'm not sure of your question here, but I'll try to answer it as best I can. If your brother has lost his job and is claiming benefits then he will only have to pay flat rate child maintenance at the most. If he is unhappy with the child arrangements, and him and his ex cannot sort the issue out between them, then Mediation may be the answer, please see link: Mediation: What is it and is it For Me?
shezz 20/04/2016 at 7:06 pm
Jus a quick question my brother n hos ex have been split for few months n her new bf is very controlling they have tried to get along for their daughter but her new bf doesn't like it my brother pays £45 maintenance a wk but has his daughter more than she does he buys nappies, food, clothes ect n already lost a job due to bein tired as she don't collect her when she knows he's working nights has anyone got any advice on what he should do
SeparatedDads Editor 20/04/2016 at 12:16 pm
If your ex is denying you access please see link: When Your Ex-Partner Denies You Access, here and consider going through the motions laid out in the article. It is highly unlikely you will be offered shared care of your daughter through the courts unless your ex agrees. However, the courts do want fathers to have a healthy input into their child's life, therefore if you have been constant in your child's life to date, it means your child is familiar enough with you as a parent and therefore you should be awarded more than 'just the odd day here and there'. The court also may suggest you try to resolve this through Mediation first before you can apply, which can put the process back, should you want it to go directly to court. Another option is to suggest Mediation to your ex and if she refuses then you will be allowed to apply directly to the courts. If she consents to mediation then you should both go in with an open view on trying to come to an agreement about your access rights, which will then be verified by the courts. Please also see: Mediation - What is it and is it For Me? here . I hope this helps and you regain access soon.
Reece 19/04/2016 at 10:26 am
My ex keeps refusing to let me see our 15 month old daughter since we split a few weeks ago despite me always paying and supporting her and always looking after my daughter whilst she is at work etc.
The only way I will get visitation is if the courts are involved what is the quickest and most reasonable and fair way about this ? I don't wanna come away with just the odd day here and there I want shared custody really.
Any help appreciated
Mummy 16/04/2016 at 6:29 pm
I have a child who is 2 years old and there has been a court order in place since January where my child lives with his dad but has regular contact with me, 4 days a weeks plus over night stays. I want to go to court to have joint custody where the child spends time with both parent equally. What would be my chances? Also how would I get an order in place to take my son abroad next year and when would be the best time to take action for that?
SeparatedDads Editor 15/04/2016 at 2:43 pm
You are in the stronger position for being in the house and having looked after your children for a period of time. However, you would need to apply to the courts for a child arrangement order, The courts will decide what is in the best interests of your children and who it thinks should reside in the house with your children as the primary carer (if you wish your children to stay in the family home). I suggest you seek some professional legal advice regarding your options.
SeparatedDads Editor 15/04/2016 at 1:56 pm
Shared-custody is decision by the court usually upon agreement of the parents. So, regardless of your son sharing the care of your children, it doesn't mean the status has been officially recognised. Much depends on what you wish the 'status' to be used for i.e if it is regarding child maintenance the CMS will work out payments upon the nights your son has his children - but still may not class the division in care as 'shared'.
Dealer 14/04/2016 at 6:45 pm
My wife wants a separation and been
Out of the house for 5 months with a mental health issue. I have looked after our 3 children with support from
in laws whilst she is staying at her friends house. She has decided she wants to be with the children. If this went to court, would I need to move out? I would also want joint custody.
Lozz 14/04/2016 at 4:06 pm
Hi my son has his two children to stay over two/three nights a week he also takes them to school most days most days and has time of from work most school holidays so does this class him as having shared custody?
SeparatedDads Editor 31/03/2016 at 2:12 pm
I am sorry to hear this. If you can't agree between you or via Mediation, and if you have been house-husband and primary carer of your child, then you may have a case to apply for a child arrangement order where a court will determine who your daughter should live with. The court will always decide what it thinks is in the best interest of your child and opt for the least amount of disruption to your child's routine as possible. You don't say whether you have moved out of the house you share with your wife, but you 'may' be entitled to remain in the house with your daughter if custody is granted in your favour. Therefore, seeking legal advice at this stage is your best option. Please see gov.uk which
Lampard 30/03/2016 at 9:43 pm
My wife recently decided to move on with her life .we have a 6 yrs old daughter together of who my wife wants full custody of .my wife work's full time and travels a lot with work.I have looked after my daughter fulltime. My wife did pay all the bills though .just wanted to know where I stand with my case
robbo 28/03/2016 at 2:21 pm
hi can some one give me some advice please ?? My brother lives at home with my mam following the break down of their marriage last October, we havnt spoke for approx. 4 years because of his partner, her and I were very good friends when she was not together with my brother & I watched her son while she went to work and my husband babysat him whenever she wanted a night out with me, anyway she took me off facebook assuming a status was about her ( paranoid in the extremes ) after this it just went to ridiculous levels which included her stopping me seeing my nephew , she then got back with my brother , arranged a wedding, all of which shes since admitted doing to hurt me and my sister, to cut a long story short my mam had 2 strokes at xmas and we all began speaking because we had to be there for mam, shes still insists we cant see kids ( she has 2 now ) which is fine, its been so long they wouldn't know us now and its unfair on them , however we are being told we cant go to mams house when he has the kids which is damn hard being as members of stroke team and others are going in to assess her . also whats annoying me is he is back in mine and my kids lives but is doing nothing to ease this situation, he says hes terrified she stops him seeing the boys which I understand fully but the law is there to protect dads from this surely ? Over the years she has told the oldest boy ( now 9yrs) too much re the family situation and that hes not to see us as we are mean , when he stays overnight at my mams he goes out of the room to text his mam and hides his phone, she uses her kids in her personal wars with people which has included my mam and her own over the years, my question is , is she allowed to dictate this in my mams house, I understand I have no rights to see them and that's fine , I made my peace with that and not gonna fight her on it as it'll impact on the kids. My mam is devastated that she cant have all of her kids/grandkids in her home at once but the main issue is her health and having to avoid certain days to tie in with her stupidity
SeparatedDads Editor 18/03/2016 at 12:15 pm
You would need to apply for a child arrangement order
Dre 17/03/2016 at 5:07 pm
I have a 18months year old son and the mum will does not let me have him by myself or stay over at mine.I can only see him with her.I want to able to have my son by myself.what should I do?who do I contact if I want it take it to court?
J 10/03/2016 at 8:49 pm
I've been separated for nearly 18 months. Ex left and now lives with someone else and I had custody of my daughter for a period and now it's joint custody and she spends a week with me and a week with her mum. I spoke to the CSA yesterday and they've stated that if its joint custody as I've described then I don't have to pay my ex anything which is great but it's contrary to what they told me a few weeks ago. Has anyone been in a similar position and can confirm that no maintenance is due? I know for a fact my ex will follow this up so wanted to make sure of my facts before I contact her.
DadsRus 10/03/2016 at 7:06 am
Hi, my spouse and I are on the process of getting a divorce, we still both live in the marital home. I have just learnt that she is applying for shared custody. If, which I feel is highly likely, I am ordered to leave the marital home and move elsewhere, how will shared custody work if it is granted? The reason I ask is that I don't think I will be able to afford to buy or rent in or close to the area we currently live, and may need to move elsewhere to much smaller accommodation. We have three children all of school age and currently live in a three bedroom house. Can you shed some light on how this could possibly work please. Thanks
SeparatedDads Editor 04/03/2016 at 3:05 pm
If he is struggling to pay legal fees, he can self-litigate, please see link: How to Represent Yourself, here. A lot of fathers are having much success this way. He may also find our Separated Dads Facebook page useful, as our dads have some great advice about fighting for their rights to see their kids.
Leahmarie12 04/03/2016 at 9:17 am
Hi there my partner is currently going through a court case with his children but his ex is trying everything in her power to try and stop him from seeing his children he's finding it so hard with the fees etc I'm just wondering if them knowing he has a supportive partner and with me having a child would that help in any way to get his kids back!? Or what can I do to help him!?
Looby 02/03/2016 at 6:11 pm
My boyfriend has 2 kids and looks after them as much as his ex. She is claiming all benefits for both children. Is he entitled to anything?
SeparatedDads Editor 02/03/2016 at 12:53 pm
If they have a family-based agreement then this is something that they will need to resolve between themselves. Mediation may be an option if they can't agree between themselves, please see link: Mediation: What is it and is it For Me?
P2 01/03/2016 at 9:17 pm
My brother lives at home with my mother and as son who is 1 his son lives with his mum. She wants him to pay maintaice and nursery fees my brother as his son Monday and Thursday 10 til 1 and then Friday 4pm til Sunday 6pm on a average week but could be more does he have to pay he provides food clothes and anything else he needs when he's in his care the child mother works
SeparatedDads Editor 25/02/2016 at 12:53 pm
If you are unhappy about the situation, this is perhaps something you could try to resolve through Mediation, please see article: Mediation: What is it and is it For Me? here. I hope this helps.
Hey 24/02/2016 at 7:57 pm
Hi I'm wondering what to do me n my partner have 2 kids together he has 2 other children that we also have alot of the time it's come to a head at the moment because we have them more than there mum I'm concerned about the kids being send different places all the time due to there mum working evenings we have them every week Tues till Thurs but she gets them from school gives them dinner n drops off with us that's in term time we have them also every other Friday till Sunday night 8pm then the weekends they not with us we have them Sunday for few hours while she works so we have them alot I understand she works completely and I dnt dispute that what my concern is that we have them more so we should in turn be the primary carers for them but we r not she is often late pickin them up due to boyfriend and just this month they have been with us the last 3 weekends straight as she went away with boyfriend. I'm so frustrated with it all just want it to stick it either shared or here full stop over the last 3 yrs me being step mum have picked up her children when they r ill from school because she hasn't answered her phone from the school I have taken them with my own money to buy them things they need. They constantly have head lice they came this evening an hour early with dinner a tin of soup and a microwave burger. In the holidays we have them from Tues evening through til Thurs mid day my partner works full time so I'm left with 4 kids we have had discussions with her about time keeping etc but nothin gettin through I have bit my lip on this subject for too long and feel like shaking her and find out why she cares so little for her kids I dnt know what else to do it causes arguments with my partner the eldest step child hates me deeply! Just need help on what to do if any one can help please because I'm lost. Thanks
pete Editor 08/07/2014 at 11:00 am
@stella, the costs of travelling should be split, it's unfair and unrealistic to expect one party to pay for the entire cost of travelling between Cape Town and London.
Stella 24/02/2016 at 10:17 am
Hi,
We are looking for a divorce because my in-laws doesn't like me and they want dont want my husband to live with me. We have a 2 years old daughter. I never wanted to get seperated, but my hisband wants to do it and now he has decided to move into a new house. He wants to have my 2 years old daughter for 3.5 days a week but she is too young to leave with her father in a new house. Can you please let ,me know how to deal with this as my daughter is very young to live without me. I am happy to take full care of her as I am earning and can support my daughter
Dad_2-3 20/02/2016 at 12:40 pm
Seperated from ex wife 10 years ago, she had custody of our 2 children, I used to live away and have kids school holidays and every other weekend. Since moved back to home town and my eldest has moved in with me, other child still lives with mam and I see him school hols and other weekends. I am still paying the same amount of maintenance as I was before (mutually agreed amount), she is still claiming child benefit for my eldest, I have another child but cant claim child benefit as income too high, scared of reducing her maintenance as worried that she could go through formal channels and claim more from me even though we have one of our children each.
SeparatedDads Editor 19/02/2016 at 12:03 pm
If you share care equally, neither of you has to pay maintenance to each other. If the CMS believe you share care equally, they won’t do a maintenance calculation, please see CAB which
Tamps 18/02/2016 at 3:23 pm
Long story short.
Do you think it is right if you have 50/50 shared care that you still pay the CSA?

If you have your child just as much as your partner, take them on holiday twice a year, pay for all their own things while with them etc...?
Sucker 16/02/2016 at 8:23 am
I have an 18 year old son who lives with his mothers mothers ie Gran! And has done for 10 years. He is going to college and continues education therefore maintenance payments are still reqd. His mother has made an application since CSA have shut the old case. I am fed up paying for her to not work, drive her new car with private reg, and not take care of my son ! how do I get payments to him or his grandmother legally!! Because I've tried and tried and getting nowhere!!
SeparatedDads Editor 12/02/2016 at 2:33 pm
I am sorry to hear this. I cannot understand why your solicitor has advised you not to take the matter to court, unless there is a reason why he/she thinks you may not be awarded regular access. The fact that you have had an agreement in place for the past two years, proves you have regular contact and therefore if the courts judge a continuation is in the best interests of your children, then your access would continue 'officially' and any refusal by your ex would be considered a breach. However, the courts would expect you to have suggested Mediation first in order to try to resolve the situation. It is a tricky question to answer as to take it to court could mean more upset, hurt and possibly access denied. However, many fathers get to the stage where they do not want their kids to be held to ransom and take the route to court. I'm afraid this is only something you can decide. You may find our Separated Dads Facebook page useful as many fathers who are going through the same, may be able to advise.
Jas 12/02/2016 at 2:22 am
Currently my ex wife and I have what is called an 'informal agreement' between us, made by my solicitor. Fact is I have had to suffer every blow of actions my ex wife has made with regards to my three little girls since our divorce approx. 3 years ago. The law as always favoured my ex wife wishes even if I have known in my heart she has made some terrible decisions being Mother to our three girls. Any way to try and be brief, my ex wife moved to another town thirty miles away with our children. The agreement we currently have in place although I am not happy with aspects of it, I was told by my solicitor if I took it to court that I could finish up even worse off with regards to seeing our children. It states in the agreement that my ex wife is primary carer and that the children reside with her, although the children also have a home with me too. It was agreed that during term time, I pick the children up Friday's after school and they reside with me until my ex wife comes to pick them up again Sunday's at Mid day. This agreement as worked fine between us for approx. 2 years now, the children know what is happening and when Daddy goes for them. ect. Yesterday I received a phone call from my ex wife and in quite a rude and disrespectful manner she dictated to me ' Don't come to pick the children up when they break up for half term holidays tomorrow ( meaning for today 12/02/16 ) because they are staying with me this weekend and we are having a girly weekend ). Trying to keep things in context basically she has stopped me having our children at the times in our agreement I should. In return for her taking my days away from me with the children she has not so much as said have them an extra day during this school break and told me 'no' when I mentioned it. I really wanted to go pick the children up as normally but didn't want my ex wife causing any problems at the school in front of our children or other children. The children will not have been with me from mid day Sunday 7/2/16 and because my ex wife has made plans in time when the children should be with me I will not see them now until 17/2/16. I have emailed my solicitor and asked for advise but have had no reply today. Thought I would post this to see if anyone here can help. I am really feeling already stress and upset and also feel this is just the beginning of her attempting to lessen the children's contact with me. Our children have family and friends, people who love them on both our sides of the family but I cant help but feel she is trying to cut our children off more from me and my side of the family. Thanks for any advise or help.
SeparatedDads Editor 11/02/2016 at 1:57 pm
Has Cafcass made a recommendation? The court will usually keep to what Cafcass says. Occasionally it can make a change, but the changes are minimal and rare.
MPE1973 10/02/2016 at 11:45 pm
I am going through the court system with my ex at present. After £4k of solicitors fees and still not being at the final hearing I decided to represent myself at the direction hearing today. My ex is not capable of compromise, and so it has been listed for a final hearing. At the final hearing would the judge be able to order me to have my children on days/times which I have said I am not able?
SeparatedDads Editor 09/02/2016 at 10:13 am
If you have shared-care of your child, and you were being down-the-middle fair, then theoretically yes, as you are both working towards the benefit of your son in a shared arrangement and what is best for him. However, there is also an argument against you having to pay money on days when your child's responsibility is not yours. Much also depends upon the balance of salary incomes etc. Therefore, I would suggest Mediation, if you can't agree between yourselves to see if a third-party may help you come to a conclusion. Please see link: Mediation: What is it and is it For Me? here. I hope this helps.
SeparatedDads Editor 09/02/2016 at 9:52 am
Unless there is a court order in place, then your partner has committed no breach. Even if there was a court order in place, there has to be some degree of flexibility in child arrangements. If his ex has denied access and this is something that looks unlikely to calm down (if they can't agree between them and even after Mediation is suggested) then please see link to article: When Your Ex-Partner Denies You Access, here. With regards to applying for shared-custody, this is unlikely to be successful if it is a knee-jerk response to an argument. There are a lot of issues to be considered - so for this he would really need to seek some legal advice. If shared-parenting was awarded, then maintenance would be reduced if your partner had the children more frequently, but only if payments are administered through the CSA/CMS. However, if the maintenance agreement is family based, then how much he pays would still be agreed on through an informal basis between your partner and his ex. I hope this helps.
k 08/02/2016 at 4:49 pm
Hi,
My partner and his ex wife split nearly 6 years ago and we have had his two boys every other weekend friday to sunday every sunday for 3 hours when its not our weekend then he takes them to football every wednesday night.
His ex has just this weekend threatened to take us to court and csa even tho we pay her 60 a week at her agreement straight into her bank never missed a payment, all because we got the dates mixed up and have booked to go away in march on our weekend to have the boys but said we would have them the weekend before and two weekends after, shes kicked off sending vile and abusive messages to me and my partner and stopped the boys from coming this weekend, im just wondering where she and we stand and if we could apply for joint cutody of them and if we did would we still pay full amout of maintinence etc.
And what we can do to see the boys?
Thanks
SeparatedDads Editor 08/02/2016 at 12:05 pm
TWhen a couple split up, the best decisions are made mutually and the best results are when you and your ex can find a way to work together for the sake of your child and respect each other’s opinions. The article: Making Joint Decisions About Your Child's Future, heremay help. Of course, these such relationships exist in an ideal world and there may always be causes of differing opinions. However, rather than dragging situations like these through the courts, your best option may be Mediation, please see link: Mediation - What is it and is it for me? here. Mediation is somewhere between an informal agreement made between two people and court. I hope this helps.
Craig 08/02/2016 at 11:12 am
Hi, my ex and i have currently split and we have a 16month old son. We are having joint custody of him. My problem is that my ex wants to put him into care when she works on the days that she has him, and wants me to pay half?! Im fortuante enough to be flexible with work and dont have to do this on the days i have him. Do i have to pay half of these fees eventhough its not on the days im responsible for him?
Thanks
Andy 07/02/2016 at 5:00 pm
My wife has left me. We have a 2 year old daughter and a house together.

I'm buying her out, she is going to rent a property/buy a new house.

We are cohabiting currently, and I'm supporting her and helping her find a home she's comfortable in.

I assumed we'd have joint custody. I have a very supportive, local family who assist with child care where necessary, and through the week I often stay at home whilst my wife goes out.

My wife has said she wants our daughter to live with her 5 days and me have her 2... but will be flexible to let me see her as often as I want.

She seems to be doing her best to cooperate, but I'm not sure whether this arrangement is best for our daughter.

The issue is, occasionally I work away...

Are my hands tied here?

Thank you
SeparatedDads Editor 04/02/2016 at 10:18 am
If you are finding it difficult to pay the legal fees, have you thought of self-litigation? Many fathers are taking this route and are having success, if they prepare their cases well. Please see link: How to Represent Yourself, here and the Bar Council - Guide to Representing Yourself in Court here which is highly informative. Also, you may wish to look at our Separated Dads Facebook page, where if you scroll down and read the postings which apply to you, you'll find some great advice from dads who have been through similar situations before and have come out the other side.
dadlost 03/02/2016 at 11:26 am
Hi
I have a joint custody order it took 2.5 years. I know that the mums will say anything in court to stop you seeing you kids. I was abusive alcoholic, drug addict etc. all involved court appearances tests etc. She is mentally ill and cannot cope with them. My kids are 3, 5 and 14.
she has social services round and the kids are known to them. On I go fighting to give them a proper home. There is no financial support for me. I can be homeless tomorrow and because I don't control the child benefit I am not a parent even though they live with me 50% of the time. I am going back in April to try for full custody providing I am not homeless. I cant work except part time as I get no say or help with child care. Its a constant battle . Social services will use you due to a lack of funding to get the kids away from a negligent mum. my kids are priceless so the 15k spent so far is worth it. Don't give up dads we are just as important and have a lot to offer. fight on.
my only question would be how many times do social services need to visit before someone says this is not right and go with a dad full time. the system is biased and the welfare system only sees child benefit as the way to get help including housing.
We are in a sexist society
M 30/01/2016 at 10:22 pm
Having observed divorce from the perspective of my son and his unstinting efforts to gain custody of his two children or even more equitable contact I have concluded that the law, custom and practice and society in general is heavily weighted to the desires and demands of the mother. As a woman I have sadly had to acknowledge how spiteful and manipulative most women are following separation and divorce even though in many instances they are the instigator.
In my experience even as a qual social worker it is only if a mother dies, walks away or commits a significant crime e.g.child abuse that the father is likely to have an opportunity to secure custody of their children. Furthermore fathers are essentially required to buy their children I as much as they are the ones that have to present their case in a court of law with associated legal fees yet the mother can immediately assume custody is hers.

Sorry dads you really do need to seek equity I the true and actual sense, women are always seeking more equality yet you as men and fathers are in my view discriminated against without question. I have to add I don't expect anyone to remain in a violent or abusive relationship but the dissolution of many relationships have nothing to do with such difficulties.

We hear frequently about the housing crisis yet no reference to the fact that each family these days needs 2 homes - mum and children in one with dad in another (if he can afford one) in order to spend time with his children.
deeeeeeeeeee 20/01/2016 at 5:06 pm
hi

i separated from my partner when my 2 boys were 1 and 2..
she moved away
i travelled 2 hrs each way on a friday every weekend to get them for the weekend..
this went on for a year or so..
then one day she stopped me seeing them.
she had a new partner who didmt like me omn the scene.. he tried to become daddy!! i didnt see my sons for months,, so i went through the courts and caffcass etc..
it took me months,, i was made out by her to be a violent animal.. they tried every story to deney me access, even calling me a peadophile because i bathed with my kids..
eventaully i was given every other weekend..
years have passed and she is with another new partner who unfortuantly is even worse,, a complete control freak,, he has even hoiyt my son who is now 10.. i went through the nspcc but nothing has happend.
i have moved within 5 miles of my boys now and see them every other weekend and a tues night..
i want more aaccess
maybe a thursday night,,, better still shared or full custordy... my dream is for the biys to live with me and eventually move to australia..

i was wondering if anyone knew the best way to get more access or full custordy and if i did could i move overseas with them... theres so unhappy at her home,, its awful

thx
bubbles 30/12/2015 at 6:30 am
I am a woman and reading all these stories breaks my heart. I have never truly understood how one sided separations can be for the father. The woman seems to hold all the power without any concern for the child and their well being and happiness (of course this is not all women). I separated from my husband 2 years ago and we had an amicable separation. I always allowed him to see the kids when he wanted and everything has worked out smoothly.

In the last year I have met and fallen hopelessly in love with my new partner and the parental alienation that he is experiencing makes my heart break and blood boil. He has the kids (sometimes) every second weekend. She will not allow the kids to stay overnight. He rings the kids nightly at 7 which is the time agreed by both him and his ex wife yet the phone is always turned off. We sent her a list of 17 days that he could have the kids over the school holidays - she agreed to 4. Before the kids leave to go home they are hysterical and devastated wondering when they are going to see their father next. This is made even harder due to the fact that he used to be a stay at home dad.
I find it perplexing that the father has no power, no say and no choices in these situations. The woman holds all the power.
My heart bleeds for all you fathers out there that dearly want a relationship with your child and this bond is being jeopardized because of a bitter, hurt partner. Please don't give up and keep fighting for your right to have your kids because they are as much yours as they are your ex partners.
Karl 29/12/2015 at 12:24 pm
Hi, I was looking for some advice if possible please. My wife and I were with each other for almost 10 years and married for just under 2. We have a little girl who is now 17 months, we separated when she was 8 months. Since then as is normal I guess, things have been up and down. Our daughter stays with mum and I see her 4:15am-7:30pm on a Tuesday and 9:30am-2pm on a Sunday. Generally this has been the setup for the last 9 months. On several occasions I have asked for more time and have been rejected with the reasons ranging from "you see her enough as is", "some dad's get less than what you get" and so on. I give my wife more money than I am technically due to, buy the little one things all the time over and above this and yet nothing seems good enough. I don't want any thanks for this as it is the correct thing to do and I am not the kind to shirk responsibility. I bought some additional clothes the other day only to be questioned as to where they came from. My wife did not believe I bought them and was not willing to use them unless I could prove that I bought them (which I did go onto do). I also said that I had some extra clothes at my new flat. Response was that she dressed our daughter and there was no need for me to have any clothes at my place. I am the only one from my side of the family who is allowed direct contact. My wife will not allow my mum and dad or brother and fiancee (who are both God parents to daughter) direct access and so I need to share my time with her with them. Things are getting better slowly I think but that is now 9 months passed and some things are not getting better at all. From the start I have wanted my little girl overnight and to have her as much as possible. I would have shared access if I could but her mum is not for that at all. Granted it has to be in the child's best interest and fit with schedules etc but it's not even an option. Just point blank refusal. I feel as if I am a complete doormat in this situation and what she says goes with me having no choice but to go along with it all to keep the peace. I know in the long run this is the best solution and way to a better relationship between us but at what point do I need to say enough is enough and some things have to chance. It just feels like I am the one giving ground all the time. Things would be so much better all round if she would allow my family direct access but it might need to go to court for this and this is the last thing I am wanting. Do her actions seem possessive? I am quite an understanding guy and so fully get that the more I see my daughter the less my wife will and so by default that would hurt her. Any help or advice appreciated. Thanks
Snowbell 18/12/2015 at 12:36 pm
Thank you for this article. Please can you add in more detail, or even better, give direct links to the research which demonstrates how beneficial shared custody can be for children, especially when there is animosity/acrimony between the parents. Thank you.
SeparatedDads Editor 16/12/2015 at 12:37 pm
It generally about the age of 11 when children begin to be consulted properly by Cafcass regarding residency and contact. Also, while their opinion may be asked and they will be listened to, it is still up to the court to decide whether it is in the child's best interests.
abbzy 15/12/2015 at 6:35 pm
hi,
i would like to find out if a eight year old child can make her own decisions regarding contacts and residency?
SeparatedDads Editor 15/12/2015 at 11:56 am
If you apply for a court order, the court will request that you try mediation first. The court will not consider your application, unless your ex refuses to attend mediation.
andy1r 14/12/2015 at 3:22 pm
hi, on 21st of sept this year I removed my then 18 month old son from our family home due to welfare issues, in short eating out of bin constant mess dog poo and his mother who was main carer thought this was acceptable, I worked fulltime and the hours where long. after things came to a head, where my son locked himself in the kitchen and myex partner was sitting 3 meters from the kitchen engrossed in EastEnders and her ipad, and I was in the bedroom at time, my son began screaming I went to his aid and his mother just shrugged her shoulders, now anything could have happened in the kitchen thankfully all was well.
So for the past 10 weeks my son and I have been staying at my parents a temporary move and I was granted interim custody, during this period myex lodged a complaint of historical assault (not true) and a bar report was carried out where again I raised all my concerns.
However when I read the bar report it was very obvious that the report favoured the mother as everything se claimed was written as fact and everything I claimed was alleged, during the interview we had a conversation about work where I said I liked working but was more than happy to be a stay at home father to my son and once he was of age of going to pre school I could look for part time work, this whole conversation was not submitted into the report other than it said I want to return to work, so on that the report favoured my ex and my son is now back with her, even though the sheriff has concerns about my claims.
my problem is now if I want to have shared residency of my son I have to find somewhere closer by to live and because my job demands long hours I now have to find a new job in that area and as was pointed out to me the less I work the more contact I can have, I feel as if I am being punished for working and earning money for my family, and after talking with a few people who have had bar reports it would seem that today these reporters still have the attitude that child is best with mother and the sheriff/judge should not rely on the report as they do, as in our case what was in the bar report contradicted nearly everything in her affidavit or was added to with great flourish and was put down matter of factually.
It has already been less than a wee since all this took place and already she is being awkward but as far as the court is concerned I have till the 7 jan to sort out a new home and work or sign on to benefit street. I went to court and told the truth and have evidence as well she went to court and lied and even with concerns of the sheriff she now has my son, this was our third time in court and twice before then the sheriff was in my favour, but because one person makes a decision, I feel now I am being punished.
Now I know its not wise to challenge a bar report and have read of people who have done and ended up having to pay damages to the reporter, but would it be worth while going for proof and if so would it be a different sheriff that wou
Daddyooo 12/12/2015 at 11:02 pm
I am a divorced dad and I have a contact order to see my 7 year old daughter 1 night over night in the week and every other weekend 10 am sat to 6:30 pm Sunday but my ex takes her to swimming lessons which my ex will not let me take her so it's closer to 11 am on sat before I can collect my daughter. I have asked my ex for more time with my daughter but she is unwilling to let me have more time she has just admitted to struggling with her own mental illness and I feel that it would be of benefit to both my ex and my daughter if my daughter spent more time with me for her emotional well being. What I want to ask is wether it's worth going to mediation or just applying to the court for shared residence order.
SeparatedDads Editor 01/12/2015 at 12:17 pm
You don't say how old your children are. However, if they are over the age of 11, then their opinions regarding who they may prefer to live with will be taken into consideration. Although, despite this, there is no guarantee you would be awarded joint custody, or sole custody if you apply through the courts again. Therefore, I cannot advise you over what decision you should take, as there is no way of predicting what the courts may decide. It would first of all have to go through Cafcass, see link: What Goes into the Cafcass Family Report? herewhich will give the option for both parents to have their say.
SK2016 30/11/2015 at 12:33 pm
Hi

I've read the threads above and thought i would join in. I live in spain where both my wife and I used to live with our children. things went a little south financially, and I do believe she had a mental breakdown, the divorce was really messy, though it should not have been, partly due to her family and group of friends making things worse. Finally, I agreed that she could return to the UK with the kids and I was given joint custody. Since then, I have made sure I travel to the UK twice a month, and pay for flights, hotel, cars, food etc, which as you can imagine is not cheap - especially being paid in euros! However, I put my relationship first with my children, which has worked well. My children never wanted to live with their mother, as I was really the primary carer, but being a man, this was never a consideration. Since then things have not really gone very well, I do believe she has never fully recovered from her illness, though no one does anything about this, she has a fit every time my children ask me to intervene on their behalf over issues with either what she or her parents have done or made them do, she has recently taken up with a "character" who runs a pub, whose daughter is a stripper and lives in the pub and whose kids - well if they are not dealing drugs I would be very surprised. She refuses to speak about these issues as well, and he has threatened me on facebook! typical. Anyway, I have decided that I am moving back to the UK, as I tried to have this matter dealt with here in spain, and the judge threw it out of court as the kids are now living in the UK - a UK court would again take the womans side. I have realised that the law is sexist and being a man, you are looked upon as someone who is not able to look after your children, even if this is what they are asking for! Its absolutely absurd! So my question to the forum is this.

I am going to move to the UK, as it seems to me this is the only way my children will not only have a choice but a chance...i.e. if they want to live with me they can. However, is this legal? I have full joint custody as this was awarded in spain rather than england, which I am sure would have delivered a different verdict. So if I move to the UK, where the kids go to school and they don't wish to return to their mothers house, can anyone do anything against me?

Having suffered this for the past two years, I do believe their is a need for a full re evaluation of how men and fathers are treated by women, many of whom should not be allowed to look after their children and do so purely for the tax credits they get. Also if they decide to hook up with people who are not suitable, why do the courts and the law not do anything about it! We have many young children who are victims of abuse, based on this antiquated system which labels all women regardless of their situation as suitable mums, whilst categorising men as being inferior in this respect.

SK2016
SeparatedDads Editor 25/11/2015 at 11:42 am
There are no real financial legalities if you have a family-based agreement. Formalities only arise if one parent decides to go to the CMS for child maintenance, otherwise how each parents supports their children will be decided between themselves.
LilH 24/11/2015 at 5:51 pm
Good Evening,

My partner (the father) and I have joint custody of his children, there was never any official agreement made through the courts.
I am wondering if you could advise. I am looking for the best online rescource regarding the financial legalities of joint custody- primarily if the mother is a 'single' parent and the father (my fiancé) isnt?

Many Thanks In advance
H
DCfrustrated 21/11/2015 at 2:46 am
Hi , I am having trouble with my sons mum. My son is 4 months old. Myself and his mum split before he was born and to be straight it wasn't ideal or the best of times during the split. Since the day my son was born I have done nothing but be there for him and try to be the best I can be for him. To get to the point his mother has made it very difficult for me to have a proper relationship with my son she uses him as a weapon against me . She is abusive and has made out on social media that I do not bother , her friends and family have made comments and threats towards me also. I have not responded to this and just gone about my business. She has stated that unless I pay I won't see him although she is fully aware of my situation and I have paid as and when I can and even when I have had little money. I have had issues with work but due to being long term sick for personal reasons I am only receiving statuary sick pay. She has also stated that as long as I am with my new partner I will have no contact . I have all this evidenced .she refused to have me on his birth certificate also. Changing the date of the appointment that I had originally made . She has offered me a pathetic amount of time with my son each week , this ino is to try and get a reaction from me. She has been abusive to my partner also as have her friends and family, her family members have even gone as far as talking to my other sons mother and threatening me to her and even my son. Can anyone advise me or give me info in regards to spared custody and any thoughts on this matter as I'm struggling and I do not know what direction to turn... thanks
SeparatedDads Editor 18/11/2015 at 2:44 pm
If you can't agree between yourselves, then you could try mediation, please see link: Mediation: What is it and is it For Me?
SeparatedDads Editor 18/11/2015 at 12:15 pm
I'm sorry to hear this. I can't predict whether you will win your case or what the court will decide. However, Cafcass will get involved and both you and your ex will be able to have your say. Please see article: What Goes into the Cafcass Family Report? here . If you can back up the financial reasoning regarding why your ex will not let you have the children and the fact you have previously had shared care of your child, should help your case.
Johndigweed 18/11/2015 at 2:34 am
Me and my wife separated recently but we both work odd shifts. I work nights (8pm-6am)and she works a combination of days (9-4.30)and afternoons(3.30-9.30) I curantly pick my daughter up from school and take her to her grandmother at 7pm on a Monday and Tuesday. The grandmother has her on the Wednesday.with my daughter staying with me on Thursday and her mother on Friday. I asked for my daughter to stay with me on the Monday night as well, this was agreed to in a family based agreement but still hasn't happened.
Whenever I bring the topic up I don't get a response out of my ex-wife. Any advice to address this issue?
Benj 17/11/2015 at 8:40 pm
Hi all, I've been split for 4years now and always had a verbal statement of having my 2children for 7 days out of every 2 weeks And never a problem of money as when they've needed (not wanted) something whenever I've had them I've always bought it for them
However she's in the last 2 years tried committing suicide. She's ok now but on sick and in debt so because I've a decent job she's decided to go down the csa route, which I don't mind paying as I've always done for the last ten years with my other two children
I went to see her support worker and arranged temporarily that I'd only have the kids for five days out of two weeks because at the time they where getting up early and where tired meaning she couldn't cope with them
However my partner now has children in the same school so they're not having to get up early anymore
But because of csa she will not give me them back for my full seven days
I've been to mediation and she point blank refused, I have all the court papers and wondered if I'd win my case?
I don't really want to go down that route because of the potential of the kids 6 and 10 being dragged through it too. Thanks Ben
SeparatedDads Editor 17/11/2015 at 2:33 pm
I suggest you either negotiate directly with your ex and try and agree a way around this, if she does not consent to this and the shared-custody was part of a court order, then you may have to take it back to court in order to request a variation.
SeparatedDads Editor 17/11/2015 at 12:44 pm
I'm afraid I can't advise here, especially if he has been fighting the system for seven years and not knowing the case or any background information. Further legal advice will be your only course of action regarding what steps to take next.
SeparatedDads Editor 17/11/2015 at 11:41 am
Please see partner article, Breach of Contact or Residence Order: What to Do, here. As specified in this article, arguably anything that does not comply with the order is a breach. For example if the order states that the non-resident parent should have contact every Friday from 5pm and contact is not provided until 5:05pm, this is technically a breach of the order. However it is important to be reasonable; the courts are unlikely to take any action if the breach is insignificant. The courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Further it is important to consider the needs of your child first and so some flexibility may be needed on occasion. I hope this helps put the issue into perspective. However, you may have to take this back to court, if your ex will not see reason.
bigt 17/11/2015 at 7:05 am
Hi been divorced 10 year and share custody of kids with ex wife,I get them every Friday till Sunday,for the last 5year my employer let me work Monday to Friday as only time get kids now cause of one of other workers has told me I need start working weekends, where do I stand
Ruthlouise 16/11/2015 at 7:56 pm
Hi all I am trying too help my partner joint custody of his daughter he has been fighting the legal system for the last 7 years and got nowhere what can we do?
Sunseeker 16/11/2015 at 4:33 pm
I have been stupid, I asked my ex to swap days so I could take my boys to South Africa to join rest of family, it was her turn to have 9nights me 8 nights her turn to have from break up from school till Christmas at 4 pm, only flight available was from Birmingham to Capetown in the evening, couldn't return on the Saturday the 2 nd only flight available was on Sunday evening returning to Birmingham at 7 am in time to get them to school for 9am.
I asked her to give me extra 2 nights in return for 3 nights at weekend which see has already had.
As she swopped them I didn't realise there was a problem with court order which says boys must return day before going back to school, she has now withdrawn her permision.
The boys were 2 and 4 when court order was made, now 9and 11
Please help
Jase 11/11/2015 at 5:38 pm
Hi, I have been having regular contact with my daughter over the last 5/6 months, after my ex partner made things difficult for me to see her for a period of time. Since then I have seen my daughter every week without fail, even changing days, times at the last minute to keep my ex partner happy. My ex partner was insistent on me coming to her place to visit my daughter and so I agreed. Over the last couple of weeks, my ex partner has become agitated with me, however I cannot think of a reason why. The last straw was on my last visit, when I was verbally abused as she did not like that I was taking photo's of my daughter. I could hear the anger in her voice and so to avoid an argument in front of our daughter, I got up and said I will go. As I was about to leave, my ex partner ran at me and proceeded to physically push me out of her door, followed by further verbal abuse. Since this incident, I have politely contacted my ex partner to attempt to arrange an alternative way for me to see my daughter and spend precious time with her, however I am being ignored and am now concerned she will try all she can to stop me from seeing my daughter. At no point have I been aggressive nor disrespectful and am becoming increasingly concerned she will keep me from my daughter. Is there any advice for me as I know I have a right to see my little girl and feel this all out of spite. Thanks
SeparatedDads Editor 11/11/2015 at 12:34 pm
Spats like this are never easy to sort out. At best they are resolved amicably, at worst they end up in court when one person denies the other access to their children. The fact you have been separated for only five months, means it is still relatively early days and you may expect to have a few more spats yet, while you both find a firm footing and fall into your respective roles. However, it is always best to try to maintain the equalibrium for the sake of your children. I have included a link: Developing an Amicable Relationship With Your Ex, here . There are no rules about who should tell each other what. However, it is always best to share as much information as possible and try to lessen the divides, as this will not just benefit you, but will also benefit your children and long term relationship with your ex.
Stu Teesside 10/11/2015 at 12:52 pm
Hi folks, i have been seperated 5 months and i have maintained a verbal joint custody with my wife, although we have had many spats along the way she has not ceased contact at any point. However the daft things are starting to pop up now, i had my 2 girls Friday and Saturday nights as usual but on saturday i took them to a friends kids birthday party... also a friend of my wife. When i dropped the kids off on Sunday, 5 minutes into driving back she called to complain that i should be checking with her before i take my kids to my friends kids birthday party so that she knows who my children are spending time with. In 5 months only 2 of my friends have made their opinions known to her verbally without aggression but just opinion.... she said because i have taken that much crap off your friends, i want to know who they are with egged on my her nasty sister and mother in the background... i just said what ever and put the phone down... now i am right in thinking although we have no formal arrangement in place, we have informal joint custody because their are no issues to say otherwise and when they are in my care with me, i can do whatever i want with them aslong as they are not at personal risk of what.... im not sure.... i have equal rights surely i dont have to tell her or check with her about silly things like kids parties? any advice appreciated.
SeparatedDads Editor 30/10/2015 at 2:36 pm
I hope your daughters come back to you. You can put it down to the fact they are teenagers, and once they are out of this tricky stage, I'm sure they will re-engage.
SeparatedDads Editor 30/10/2015 at 1:52 pm
You can see how ,much you should be paying via the CMS Options calculator here. The CSA/CMS will not take into account your court costs, child maintenance deductions are made solely upon your earnings. Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened, please see CAB which
Frank1 29/10/2015 at 7:11 pm
Thank you so much for your reply to my message yesterday. Unfortunately there is no way I can now persuade my 2 girls to stay with me 3 nights a week. If my ex went to court could she ask the court to back date any amendment to a new revised CSA payment I have to make. Her argument would be; whilst the original agreement stated the girls should be with me 3 nights a week on average over the last 3 years it has been more like 1 or 2 nights a week. Therefore will I have to pay up for under payments for the last 3 years? Thank you very much for your help.
Tamps 29/10/2015 at 3:17 pm
I need some advise. My 2 year old daughter is shared 50/50 I have been through court to put it in a order. CSA are on my case because the ex claims benefits as she cant be bothered to work which means I am punished for working and have to pay her still ? I was under the impression you only payed to make up for the time to 50/50 ? Which in my case it is already 50/50 so i should not have to give her anything ? Will the CSA take into account it cost me 3k to go to court which I am now in debt for ! Also is there anything I can do to get the ex to stop txting me abuse and harassing me on a weekly basis ? Thanks in advance
SeparatedDads Editor 29/10/2015 at 1:45 pm
This is a tricky question to answer as theoretically youe ex can re-negotiate the payment, as despite the court order, if the girls choose to stay with her, then the CSA should be notified of the changes and the CSA payments re-distributed accordingly. However, 'legally' you are in the right as your ex is in breach of the contact order because in the eyes of the courts your daughters should be staying with you. The spanner in the works, is that your daughters are now old enough really to decide for themselves. If you took the matter back to court to try to enforce the order, Cafcass would take on board your daughter's preferences and refer those preferences to the court who would make its decision based upon the Cafcass report. Therefore, I can only suggest you try and speak to your daughters and try and encourage them to stick to the court order. I would also have a word with the CSA and ask what its child maintenance policy is with regards to your ex being in breach.
Frank1 28/10/2015 at 5:10 pm
I am a dad with a 7 year old deed of separation which states my 2 girls stay with me 3 nights a week. However they are now 15 & 17 and have boyfriends etc and over the last couple of years they have been choosing not to stay with me 3 nights, much as I want them to. My ex wife says she wants to renegotiate the CSA I pay based on fewer nights per week. I definitely want the girls to stay 3 nights and they have their own bedrooms here and all their stuff. Can my ex re negotiate the Maintenance pay on this basis?
anton 25/10/2015 at 4:28 pm
hi ave split with my ex for 3 years ave 2 kids to her aged 4 an 8 ave looked after them for about 2 years now an for the last 10 months she seen them twice for a couple of hours she only lives 5 mins walking distance from my house ave not stopped her seeing the kids nor do i claim money for the kids of her as she only works 15 hours a week but she constantly walks passed the house an the kids speak to her which i dont mind but then i have to explain to them a reason for why she not taking them is there a way for an agreement to be made where she has to take them for a couple of days a week with out her chooseing
SeparatedDads Editor 22/10/2015 at 3:06 pm
I'm afraid we can't predict this, it would be up to the court to decide what it thinks is in the best interests of your child. If it went to court, then CAFCASS would get involved and make recommendations to the court, please see link: What Goes into the Cafcass Family Report
Rob 21/10/2015 at 9:59 pm
After a recent spilt from my ex she's demaning I have my daughter at least once a week overnight, if I took this to court how many days/ night would I get my daughter, would it be weekends?
SeparatedDads Editor 21/10/2015 at 11:30 am
It seems a question that only your uncle and his wife can only sort out between them. Either your uncle has to stand firm and refuse to go back, but apply through the courts for access to see his children. Or he will continue to go back and forth while both parents allow this to happen. Sometimes families can have this sort of relationship for years, even an entire life. If your uncle chooses to stay away, but cannot afford the solicitor's fees to gain access to his children, then he can self-litigate, see Legal Aid Withdrawal: How to Represent Yourself, whichIt sounds like your uncle has to make the decision not to go back to his wife when he is ready and when he cannot put up with the situation any longer.
Isabelle 20/10/2015 at 11:02 am
Hello, this is about my uncle so some details may be wrong but my mother (his sister) normally tells me what's wrong.
Basically, my uncle keeps getting back together and breaking up with his wife. I truly don't believe their relationship is stable and his wife is slightly crazy in my opinion. They'll break up because he'll do something that'll annoy her, for example one time the kids that they have (2 kids) left toys on the ground and she didn't like that, so she kicked my uncle out.
I normally find out that my uncle is often kicked out from the house because of petty reasons.
So, when my uncle got kicked out he went to his mums house. This would normally happen and she was used to having him around. But last year, his mum passed away.
My uncle doesn't have much money as he finds it difficult to get a job, so he normally gets money from his dad. His dad lives in Ireland and neither of them really understand how to give money abroad so that's where my mum comes in. She'll tell them how to do it and get really annoyed on how often it happens.
Back to the relationship, my uncle normally gets calls from his wife about a wife after they 'break up' saying she wants him back and she really misses him. My uncle doesn't want to say yes as he knows the relationship isn't very 'normal. But he has to, other wise his wife won't let him see his children. She used to make him pay to see the children when they broke up before, so he'd ask his mum for money. Well, he can't really do that anymore.
Their relationship is going nowhere, he can't get hold of the kids because he doesn't have enough money to go to court; He doesn't love his wife anymore; she is literally crazy and will snap at any time.
I don't know what to do, I hate seeing my uncle and mum this way. I wish I could help or tell them what to do. So that's why I'm here. Respond in anytime you can.
Thank you
Kim 13/10/2015 at 12:51 pm
Hi there my husband split with his ex partner 7 year ago and he has a daughter with her everything was ok for him to see her and get her overnights if he payed maintence but my husband lost his job at the start of December and couldn't pay for child so the mother stopped contact altogether in February she was getting £50 weekly when he was working but couldn't give her any more I have two other children living in the house hold and It would t be fair using my children's benifits to see his child so eventually in June I encouraged my husband to go to a lawyer so they got letters back and forth which her reply was she stopped letting my husband see his daughter was nothing to do with maintence but 1 week later my husband got a csa letter she told them that he's never had his child over night we have her three nytes a week I'll put that there first! It also says that he has no other children and no children live at the address which is faulse csa asked my husband to start paying £367 weekly because of her faulse accusation but now my husband has put it straight and now she only gets £13:57 weekly! Now it's going through mediation to try and see his daughter the daughters 8yrs old! Can she get done for faulse accusations? Please help
SeparatedDads Editor 09/10/2015 at 12:56 pm
It really is a matter of discussing this between you and what suits you and how you wish to work it. If you have an amicable relationship with your ex, then you should be able to work around it before it goes to court. If you can't come to a resolution between yourselves, then Mediation may be the way forward. Please see link: Mediation: What is it and is it For Me? here. I hope this helps.
Frank 08/10/2015 at 6:11 pm
Hi, i have two kids with my ex,18 and 15, i would see them often. At weekends and more on holidays. I met a lovely girl and moved 70 miles away to be with her,we now have a 3 week old baby girl. My ex who lives with my kids still expects me to mind my kids and her dog in her house for 4 days now and then till she goes away. My new girlfriend isnt happy with this, shes says my children can come to hers or i can see them in my mums or sisters. My ex demanded i give her a schedule of seeing my kids or said she will take it to court.im stressed by this all.
ND 06/10/2015 at 4:52 pm
@To frustrateddad : I haven't got the correct forms or links that you are requesting but it would be better going through a proper legal solicitor to make no mistake on sealing this and putting it firmly to bed.I could have shot the governing bodies and helplines when I approached them for my particular concerns as they were all bloody useless and practically illiterate, it makes you wonder how they get these positions.They also always seem to magnetically support/sympathise/favour and go with the female and anything that is put across from them.
frustrateddad 05/10/2015 at 11:59 pm
hello
I have 2 beautiful children with my ex wife. She had an affair last year and I divorced her earlier this year after 17 years together. She is still with this chap, an ex con with a shocking domestic violence history, and I have also moved on and I am blissfully happy with my new lady.
My ex was heavily in credit card debt and I took out a bank loan , remortgaged the family home and took out a secured loan on the home to help clear her credit card debt being the loyal and caring husband and father I was. When she left, she left debt free and I am saddled with this. She asked if I would continue to pay this debt off and that would be classed as maintenance for the children to which I agreed as I had no choice as it was all in my name as she couldnt get a loan etc due to her debt problems.
I work in the emergency services on a 10 day shift pattern, 24/7, and I have my kids for 4 overnight stays during this time and coupled with my annual leave entitlement this works out at up to 175 overnight sleeps per year.
Once she found out I had moved on and I was seeing my lady she turned and went to CMS and they demanded £450 a month on the figures she provided. I provided them with the correct figures, as above, and this dropped to £155 a month. She agreed to these figures and a shared care agreement was made. Why I have to pay at all given the amount of time I have them is unfair as she receives all the benefits and I recieve nothing.
I have my children at every opportunity and I had them for 2 whole weeks over the summer school holidays, on top of the figures provided, when my ex could not get childcare. This was due to my lady working in a school term time only.
For some unknown reason she has now gone back to CMS and told them that I am not having my kids as I should and CMS have upped my payments to £315. I have contested this and they have told me I need a legal document signed by both parties or a court order to prove my dates. How can they take her word, as they told me she has not submitted any legal documentation to back her claim, but wont accept mine or accept any evidence I have? Its like talking to a brick wall talking to CMS.
Subsequently my partner and I want to apply to the courts for joint custody to protect myself from any future vexatious claims and to negate any more riduculous contact with CMS. Can anyone assist with what evidence I need to succesfully apply for a court order? Any information would be great. Cheers.
OllyB Editor 06/10/2015 at 11:49 am
@ND - You should take this to court in order to get official access agreed.
ND 05/10/2015 at 2:16 pm
I have an only son, (now just over three years of age), split from the then partner very early on after he was born and both had separate accommodations.
I lived for the first three months with and at the partners accommodation while holding a full time position down.

Since separating, at best, I will see my son at the weekend early Saturday through to Sunday evening, you could call this one and a half days in a week more or less, of which is appalling and very saddening for me.

In the past I have campaigned to get a fair level of supervision and time with him but the system is incredibly bias and unfair towards the male parent in this way, especially considering the full-time employment aspect that a father is expected to have and perform for obvious reasons.

Recently I was told that I may be asked to see my son on every other weekend instead of the weekly occurrence that has been happening for most, not all, weekends since separating.

This would mean I would have even less contact and time with my son than has currently been the case.
This has been brought about because of a job that the mother is now about to start, (full-time mon-fri), which would mean her seeing my son for a short time in the morning of a day and for a few hours in the evening.
(a few hours more than what I would see of him, not just now in this scenario but all the way along the last three years, so this is what I have had to endure throughout !)

This is not my fault that the other has finally managed to secure a job, (previously never worked), but words so far have been of CSA/governing boards looking to be brought in to the equation so that I would not be able to see him at the weekends weekly. Great !

Again, whatever the father does is always chastised or compromised against.
As stated above previously, I have always campaigned for and tried to get more time with my son rather than less, a more even balance, now I am to be faced with this ahead.

How do I battle this one, any other fathers in an identical situation to myself?
I would like to hear from anyone and as always I would be very grateful.

Thanks.
Tee 03/10/2015 at 11:50 pm
My brother in law is separating from his wife who is mentally not well. He has tried to get help for her and has spoken to health workers, gp and even social services. None of which have shown any support for him as the father. They insist that as long as the child is fed, clean and has water she isn't breaking any laws dispite the fact that she uses the child as a comfort and a weapon to try and get my brother inlaw to stay with her. She has moments of screaming tantrums and will take their son away in the middle of the night. He wants to fight for joint custody if full custody is not awarded. Can he have her assessed by the court in order to fight for full as he now fears for the child's physical development as well as mental development if he is awarded to the mother.
SeparatedDads Editor 28/09/2015 at 12:09 pm
If you are unhappy about this situation, then you can either discuss this with your ex and try and reach a resolution, or stop overnight access until you can sort the problem out either via yourselves, through mediation or as a last resort through the courts. Please see link: Mediation what is it and is it for me? here. I hope this helps.
Bubblegum 26/09/2015 at 1:19 pm
At what age will a child's feelings be listened to in the family courts and when parents are separated and a 6yearold female is sleeping in the same room as her father getting up to God knows what with God knows who and the child is coming home in a distressed state . What can I do. Please help
SeparatedDads Editor 25/09/2015 at 11:12 am
I am sorry to hear this. However, I can't predict what the court may decide if you had shared resiency of your son. If the CAFCASS report has put forward this recommendation, then the court will generally (although not always) act on the advice given in the report. You need to be able to prove in court why it is not in the best interests of your child to be separated from you, or to make the move because of family ties etc.
JaredSteadman 24/09/2015 at 10:52 am
Hello,
I currently live in Winchester, 200m away from my 6 year old son. I see him 4 times a week. My ex want to move back to Glasgow. This would mean I would only see him 6-8 times a year.
I am opposed to the move and currently going through court. Yesterday I received the CAFCASS report which recommended that the court allow the relocation.

If my son had shared residency, would the move still be allowed to go ahead?
Anth 23/09/2015 at 11:34 am
@walshy - it doesn't matter whether you have hidden savings or other funds, child maintenance is paid purely on your registered earnings. The CMS Options website has a calculator that tells you how much you should be paying. It depends whether your shared-residency is official, although when it comes to benefits, only one parent can be named as the resident-carer and they receive all the benefits, and there's not much you can do about this. The system should be changed to allow benefits to be split, but the government hasn't even begun to tackle that minefield yet. Can you imagine what would happen?
Will 23/09/2015 at 9:30 am
@hello - it depends how much your bf wants to rock the boat. I know he can apply for a Specific Issue Order which means he would have to apply through the courts and the court would decide (his ex would have to give a good reason why she doesn't want you to see her). It seems that your bf is trying to keep the peace with his ex, so that she doesn't stop him seeing his daughter. This happens in so many relationships, i.e the ex holds us to ransom, the ransom being the child. There's no real answer to this. It'll be whether your bf thinks it's worth the fight and the cost of dragging the issue through the courts. He could suggest mediation, but if she really doesn't want you to see her, then she'll refuse.
walshy 22/09/2015 at 11:37 am
I have joint custody of my children (on a 4 night rolling basis) ...Despite this my ex continues to claim she is the 'main carer' and has contacted all authorities (schools/dentist/doctors etc) to tell them accordingly!! I also have to pay maintenance via the CSA ..which I find strange as we have joint custody. I don't get any help whatsoever ...aprt from Child benefit for my middle child ...I try to hold a full time job, while my ex works part time...hardly fair...my delightful ex also try to discredit me at any opportunity ...claiming poverty and constantky threatening to take me back to court to recheck my finances (we have been divorced 2 years) as she reckons I have hidden income/funds etc!! its a drain and I have to tread on egg shells...she on the other hand ..talks to me like I am a piece of dirt...and hassles me at any opportunity...if it was the other way around, I am sure she could get a harassment order against me! any help or guidance would be appreciated...
samsam 19/09/2015 at 7:15 am
I am a separated dad of two. (girls, 9 and 13) I left my partner just over two years ago as her alcoholism was making life impossible. I am a very hands on father as, due to my ex's condition, I have had to take over the upbringing of my children for extended periods when my ex has been in hospital or at home, unable to carry out her role as a mother due to the drinking / anxiety / depression.
Next week I will see a lawyer to discuss custody of my children as there is a constant instability in my ex's condition.
My question is, what kind of arrangement can be made for someone in my position, ie a father who currently sees his children every Wednesday and every weekend but when his ex falls ill (and this happens again and again) he takes over totally, the parenting of the children for one week, or one month or sometimes more. When the mother 'recovers' she demands immediately that the children are given back as she is fit again to continue her role as a mother. This often involves things like turning up unannounced at the school gates and causing a scene and much distress to the children. I believe that I have enough evidence to support applying for full custody so that legally the children are with me, but I also don't want to cut my ex out of my kids lives as when she is well, the children benefit from her being their mum. How can I ensure stability in my children's lives, when their mother has none?
Hello 31/08/2015 at 8:59 pm
My boyfriend of 2 years has a 4 year old. They have joint custody with his daughter living with his ex. He sees her for about 5 hours every other Saturday. His ex has introduced a man into his daughters life but refuses to allow me to meet her. She has now said that I will not be allowed to meet her until she is a teenager and that she will never come and stay with us. As they settled out of court on joint custody. I want to know his rights as a father to seeing her more and involving me in the situation. It doesn't seem fair that she can bring in another man who his daughter called Dadd but I am not allowed to meet her. Any advice would've great. I want me boyfriend to seek legal advice.
mcsweetie2 29/08/2015 at 10:03 am
My partner is currently serving a short prison sentance but would like to go about obtaining access to his daughter upon his release.
Him and his ex were split before the daughter was born and he was pretty much told that as long as he wasn't willing to convert to their religion and marry his ex that he would not have anything to do with their daughter. She has brought up their daughter supplying no knowledge about her paternal father which breaks his and his family's hearts.
Since his daughter has been born (she's now 4) his ex will when it suits her take their daughter to his family's home in Wales but not tell him he'd only know when his family rang him to tell him. She has also since got married and are bringing up their daughter thinking that her husband is her father and whenever she left their daughter with my partners family she asked that it all be kept secret so her husband never find out.
She has also had my partner look after their daughter last summer at her marital home whist her and her husband were away which was once again a secret from her husband. Can you please advise where we stand on gaining access and the correct channels we should go down?
SeparatedDads Editor 27/08/2015 at 11:39 am
Have you thought about attending mediation in order to sort your issues out? Mediation is when two or more parties meet to resolve problems if they are unable to agree between themselves. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an agreement that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Please see link: Mediation: What is it and is it For Me? whichI hope this helps.
KMM 26/08/2015 at 1:54 pm
Me and my ex seem to be struggling to come to arrangements about seeing our son. He is off two days a week, which to me he can have him them days to stay over. I have said to him that he can come over on an early and take him for a couple of hours and take him for tea.
He said he wants him 4 days a week, he isn't off for four days a week, so who is going to look after him, another family member? which i don't mind them seeing him but we had already arranged something for other family to see him.
If i was to go down the route of arranged visits by the csa (not sure who deals with it) how many days would they allow him?

Thank you
SeparatedDads Editor 26/08/2015 at 10:58 am
Your son will generally be consulted when he reaches 11 years of age, as this is the age that it is considered children can have semi-adult opinions. In the first instance you could either have a chat to your ex and broach the subject with her personally, or if you haven't got an amicable relationship you could get the ball rolling by suggesting mediation, especially if your son is visibly unhappy. Please see the site: Mediation: What is it and is it For Me? whichThe courts will always recommend you try and sort the issue out first through mediation. If mediation fails, then you would have to take this through the courts and while the courts may decide to listen to your son's wishes, it will still decide on what 'it' thinks is in the best interests of your child. I hope this helps.
SeparatedDads Editor 25/08/2015 at 2:09 pm
I am sorry to hear this. You can request a review if the council has made a decision about your homelessness application that you think is wrong. Please see Shelter article here. I hope this helps.
Bally 25/08/2015 at 10:50 am
I really need some advise for my son. I am separated from my wife and I have shared custody for our son. But now my son refuses to want to go to his mums house saying she is always shouting and getting angry with him. He is always upset and crus when I go to drop him off to his mum. What rights has he got to choose where he lives he is 10 years old. Please if anyone can give me any advise that would be greatly appreciated.
Pegg 24/08/2015 at 9:01 pm
I really need some advice myself and partner split last November and I was made homeless I am working and living in homeless project I have sole custody of our daughter because my ex is registered disabled and can't cope,I am trying to get housing with local council but having issues with child benefit I can't claim it where I am living at moment and council said I need to be in receipt of it can anyone give me advice please
SeparatedDads Editor 26/06/2015 at 2:43 pm
@Confuzed - If he didn't want her to move away he could apply for a Prohibited Steps Order (PSO), which is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. He would have to do this at the same time as applying to be the resident parent. However, there is no guaranteeing what the court may decide, as the court will always decide what it thinks is in the best interests of the child.
Confuzed 24/06/2015 at 4:14 pm
Hi,

My partner has a 4 year old with his ex wife. They split when the child was 1 due to her affair. Shortly after, we got together and he was divorced from her within another year. So as it stands, he is not split from her for 3 years, is in a relationship with me for almost 3 years and has been legally divorced for 2 years. They have equal joint custody and the child lives with each parent one week on, one week off.

We are now expecting a baby, have bought a house and are very happy and building a future together. However, she has now decided that she wants to move to another country (she doesnt know where yet but it will not be her home country...she just feels like a change.) They are both Portuguese, but have resided in the UK for about 7/8 years and this is the only home the child has known. She is very much established here, has a secure home, lives in the same area for the past 3 years and is going to the same childcare for the past 3 years - she is also scheduled to start in a local school in the coming months.

In terms of finances, myself and my partner are much more stable - we have steady incomes and our purchasing a house I feel makes us even more stable. The mother rents and lives week to week....I don't think she has savings and moving abroad for her would financially be a struggle.

Can you advise what rights my partner has and what his chances are of keeping his child here in the UK?
Jollyboi 16/06/2015 at 6:29 pm
My close friend has received papers saying that her daughters biological father is taking her to court in order to gain weekend access.
what will the courts look into? as the reason he was refused visiting rights was because he lived at his parents who we open alcoholics and drug users. She is scared this will be overlooked or not considered if it goes to court.

anyone know what they will look at in particular?
SeparatedDads Editor 10/06/2015 at 9:56 am
@helen77 - I'm going to post your question on our Separated Dads Facebook page to see if anyone has some ideas that can help you resolve your problem. Please access the page for comments.
helen77 08/06/2015 at 2:56 pm
Hi..can you help?
I have seperated from my husand and we are trying to arrange days he can see the kids. As he is flatsharing with a friend and the firls will have nowhere to stay, when he sees kids he will be moving back in here and I have to find somewhere to go.....does anyone elese have experience of this and what can I do....I'm gonna have to rent someone a few days a week :(

We can't agree on days either....I have no idea where to start...help would be appreciated.
New Dad 07/06/2015 at 10:06 pm
I would really appreciate some advice! My Wife and I have an 11 month old Son. Everything was fine but then her Mother became what I can only call obsessive and disturbing, calling our Son " her Son" etc. Behind my Wifes back she would make comments to me which were nasty. Basically she huffed over me wanting our new family to spend xmas day in out home, so we had to go to hers. Fair enough, come Easter and we are going to my Mums ( who live 200 miles away) and this woman feigns dementia , didnt remember her name apparently, but my wife told to " go see a doctor " and off we drove. I blocked her from ringing or texting me , so I wouldnt be able to react. Everythings quiet for 2 months then I come home from work one evening and the mother in law has changed the locks on OUR FAMILY HOME!!!! She has argued with my Wife during the day upsetting her so much she took an overdose, and her Mothers reaction was to phone social services to be granted emergency custody, phone the psychological unit to have my wife commited and then got a locksmith out. Wife comes out of Hospital and now is convinced that her Mother knows best and I am now sitting in my mums and see the child every Friday. Everytime I see my Wife she trys to hide it but crys when I leave . Last thing she said to me before going into hospital " dont let my mum take our Son away from us" . The Mother in law wanted me iutbof the picture and got what she wanted, I am thinking of moving close to my Son and try and continue to live positively for his sake . Has anyone experienced a marrige breakdown/ custody issues due to outside influences??
Browny 01/06/2015 at 9:57 pm
I have my daughter 3 nights Friday afternoon until Monday night my ex still wants money all the time she gets child benefits working tax credits as well am I entitled for half of some of here child benefits due to having our daughter 3 nights sleeping every week
JPAB3 01/06/2015 at 7:39 pm
I split with my ex 14 months ago, our little boy is now 3years old and lives with her. She claimed tax credits etc and due to the debt i was left with i never paid maintainence. She has now got a lad and is buying a house, because her monthly income has increased with him she can no longer claim tax credits, she now wants money from me. I could see this happening and requested joint custody on the basis i would have him 3 nights per week and would pay 50% of things like uniforms etc when that comes but dont want to give her a monthly maintainence few as i regular by him clothes etc and he is with me on his regular nights etc. if i push for joint custody will i have to pay her maintainence?
blue 01/06/2015 at 6:30 pm
Just a quick question me and my partner share the care of his 2 children 11 and 9 i have a son from a previous relationship who is 5 i share care with his farther. me and my partner both work and don't receive any benifets for any of the children apart from child benefit for my son, my partners ex is on benefits and receives carers allowence for the 9 year old as he is autistic, but she also wants maintenance from my ex !!!! we have them a week at a time so I don't understand how she can ask for money for them ???
SeparatedDads Editor 01/06/2015 at 2:34 pm
@justice - you really can only take it to court and go for an interim court order in the meantime. Unfortunately, as difficult as it is for you, there is no law to stop your ex having other boyfriends and letting them stay overnight. If you ask yourself honestly, I suspect, much of this is about your own heightened emotions as about whether or not your ex is doing the wrong thing. There is understandably a lot of strong/raw feelings flying around, which is to be expected as it is not an easy time for you. However, there is nothing to say her boyfriend is having a bad effect on your children. If your ex has stopped you from seeing your children then you need to try to regain access, see article When Your Ex-Partner Denies You Access, whichIt's a shame that you can't be in agreement over your children with your ex, as she was obviously letting you see them previously. The easiest way through any split is to try and agree things between you, even though you might have to sometimes bite your tongue. I hope this helps.
justice 28/05/2015 at 1:35 pm
Will try keep this short me and the wife separated before xmas but still lived in same house, it come out after that she had been sleeping with another man while our girls were 3 and 10 month old, I said she had had a breakdown and got anorexia at the time nobody wanted to listen, she had my baby in bed with this man after 10 days of my girls losing me, she moved my girls out one week before xmas which broke me and my 3 year old heart. she lasts 5 months with this bloke then says sorry for what she had done to the girls and knows it was not right and that she had been on the thrash since we split every wk end and that she was off work with a breakdown and anorexia but she was now going to make the girls a priority and they would help her get better, I thought she was very unstable and tried to go to her parents but they did not want to hear it even though when we first split they knew what she was doing was not normal or in character for there daughter. I have been having my girls 2 nights one week and 3 nights the following week since we split as that fitted in with her going out all the time in her new life. ten days after her and the first bloke split she is now with his mate who has left his partner of 12 years two kids 10 and 4 and she is also 6 months pregnant with his child at the moment, ten days after the last bloke she has now put this bloke in bed with my baby after saying sorry for doing that with the first, I have had to battle her to get the arrangements that we had as she thinks the kids are a weapon had to go to mediation after her messing around all the time and threating me with not seeing the girls, now after 2 weeks of been with the new bloke they plan to get a house and get married (we are still married at the moment) she has not even started the divorce process yet. my eldest told me about both men and does not want a new man in her house with mummy after the last one and never wants to go back and says can I run away from mummy and live with you daddy, this breaks my heart and the ex seems nothing wrong in having different men in such a short space is having an affect on my daughter, she has now stopped me from seeing my girls full stop and says its because I am poisoning my girls mind against her, mediation will no longer deal with her and are giving me the paperwork tp proceed to court, I have asked social services for help but if the girls are not in physical harm it seems she can put another man in bed every day and nothing can be done. if I could have full custody I would, I want joint custody at least when she started with the new bloke she will not allow me to call the girls when I did not have them and now will not let me see them as I say, can I put the application to the court myself and how hard is this to do, then I would get legal representation for the next stage. she is still off work at the moment and is not stable< what can I do ?
SeparatedDads Editor 21/05/2015 at 2:46 pm
@sole - if you can't agree between yourselves about your son's access once he starts school and have issues that you can't resolve between yourselves, you might want to suggest going through mediation rather than him taking it to court. I have included a link: Mediation: What is it and is it For Me? here which may give you both an alternative way around things.
sole 18/05/2015 at 12:20 pm
Hi my husband and I separated last year and share a four year old son. He is inbetween houses every other day which I don't think is fair for him. He comes back with bruises and cuts as his father doesn't keep an eye on him and when I raise it with his dad he shouts at me and puts me down for being concerned about my son. He will be starting school in September and I have suggested that he stays with me and his father can see him in the week and every other weekend but his father has threatened to take me to court to fight out us having him a week at a time bt iv worked part time to raise my son and don't think he should tell me what my sons routine is and put me down for asking about cuts and bruises.
SeparatedDads Editor 20/05/2015 at 11:04 am
@misswhizz - if he takes it to court, then you will probably be asked if you can sort your issues out through mediation first. Please see article; Mediation: What is it and is it For Me? Link here which will explain the process. If you can't agree through the mediator (who will give you a chance to have your say), then it will go to court to decide what the judge thinks is in the best interest of your children. I can't anticipate what the court may decide. However, if your ex has a contact order he will have to stick to it and so will you, otherwise either could be in breach. In some respects that may benefit you as he will have to stick to his own arrangements which will include not turning up late. With regards to him making derogatory statements about you, then you will have to bring that up as an issue in mediation. I hope this helps.
misswhizz 16/05/2015 at 1:13 pm
Hello I desperately need some help please. Cutting a very long story as short as I can, my ex and I split up last April. He was arrested for domestic abuse towards me in November 2012 and I have recently had a harassment order put on against him for abusive and relentless texts towards me and my now partner. I signed our joint house solely into his name without a financial settlement as a desperate attempt to keep things amicable for our two daughters, aged five yrs and seven yrs. He slags me off constantly to them telling them things that are inappropriate and potentially destructive to them (ie that mummy killed their brother or sister as I had an abortion..) he keeps them up ridiculously late on school nights, so much so that they look awful when nitpick them up from school the next day! Atm, the agreement between ourselves is that he has them for two nights during the week and one night over the weekend. He doesn't make them brush their teeth or anything else, they just sit there until all hours watching tv and eating sweets slagging me off to them. He takes the youngest one out of bed and wakes her up! He doesn't do the school runs but drops them off to me in the morning, albeit later than the agreed time! Yet he's demanding full custody and creating because, owing to the fact that he drives and I do not, I make him pick them up.. He's threatening me with court as I have threatened him with restricted access if he continues to mess with their heads. I just need to know where generally speaking I would stand if we did actually go to court? Thanks in advance for any advice
SeparatedDads Editor 06/05/2015 at 12:29 pm
@saz - if you are actually splitting up with him and you file for a divorce then you are entitled to half the estate as it is co-owned (unless he has some assets which he owned before you married which would be up to the courts to decide). As far as custody goes, you can either agree between you, attend mediation or let the courts decide who should have residency. Unless you agree to joint residency, it is likely it would be granted to you, the mother, and your husband have contact rights. It sounds as though your husband might be a bit of a bully and you may need to find some confidence to assert yourself with him with regards to your own legal rights. I hope this helps.
saz 05/05/2015 at 8:27 pm
Hiya I am currently splitting with my husband and he has made it clear before that he would never let the kids leave or me to take them away. Our house is sold so would both b moving on. He said he would never agree to divorce unless had 50/50 split custody of our kids which I don't agree with at all. The idea of the kids moving between two homes all the time and not having a stable base and home. A solicitor said that it would b more likely that they stay with mum and a 5 day and 2 day split is most likely. He still has me concerned how I could ever make this happen. He would never let me leave. The house is in his name so what if he tries to hide the money after the sale. He has said I couldn't buy anywhere with my share of the proceeds. There is more tgan enough for a deposit and j kmow i coild afford to.live without him. I am worried there is no way out. I don't actually want to separate but he has told me he won't spend any time with me anymore, he says I am too critical of him all the time and we will do our own things when kids in bed. Separate lives living together, which I would separate before doing. Especially considering he expects me to move away from my friends and family as well as put up with that. Any advice greatly received.
John 29/04/2015 at 11:14 am
I took my ex wife to court last and successfully was awarded an access order whereby I have contact with my daughter every Wednesday evening and also every 2nd weekend for 3 nights. My ex is going on a hen weekend (on the weekend when I do not have contact) and has said my daughter will go and stay with her grandparents for the two nights my ex is away on the hen weekend. I personally think it is in my daughters best interests that she comes to stay with me as she enjoys coming to stay there. Surely a parent has mroe right than a grandparent in these situations?
sylvie 28/04/2015 at 7:48 pm
My husband currently has his daughter on a Tuesday evening for dinner and every other Friday evening with the child leaving for School from ours on Monday morning.

The childs mother is struggling with disacplining or setting any bounderies for the child and is now facing the wrath of a uncontrollable teenager (only in her home) and has asked us to have the child full time as she can not cope. We have said we can not do full time as we both work a min of a 46 - 48 hour week and to be honest as the new wife, having a full time family was never in the plan (I am 40 and have never had children as I didnt want that life style). We offered to try and have Sophie 7 days on and 7 days off as a compromise to enable the daughter and the mother to rebuild their failed relationship.

We have tried this but it is too much with the hours we both work and fitting in seeing my husbands older (19) son once a week, meaning we actually have kids 8 nights out of 14. We have said that we can only do 6 nights with Sophie and 1 with James but the ex is being totally unreasonable as it means she can not stay with her boyfriend a week at time. Any suggestions on how to resolve?
Abi Editor 30/04/2015 at 2:32 pm
@Billy - this must be hard for you. Have you tried to speak to him to find out? He might just be at a funny age. You have to really try to get into his head and see what it is that might be bothering him. Can you think if there is anything he might no like when you have him? Do you take him out and do things with him? Or it might be that he is a bit of a mummies boy. I would think of some nice things to do with him, so that he is excited when he comes. As far as your rights go you can take it to court in order to get your time alone with him. Or ask your ex to go to mediation to try and sort the issue out without dragging it through the courts.
Billy 27/04/2015 at 6:20 pm
Hi me and my sons mother split when he was 3 months old. Since then i have had him every weekend and now he his 3 and a half years old and is saying he does not want to go daddys, so his mother does not let him stay at mine anymore and i have to see him at her house with her. Which i do not want to do, i do not know what has changed his mind. My name is on the birth certificate, so what are my rights?
SeparatedDads Editor 29/04/2015 at 2:57 pm
@missingmygirl - I have posted your comment on our Separated Dads Facebook page in order to let our followers help you answer your question. As dads they can come up with some great advice as many have been through similar issues before, or had to fight for access and have come out the other side. Please refer to the page for answers and suggestions. I hope it helps.
missingmygirl 27/04/2015 at 7:55 am
I have recently seperated 5 weeks ago and contact with my daughter (6) was great, I had her sleepover 3 nights last week and took her out for tea and to park every alternate day, up until last week, when things turned sour.

When I dropped my daughter at my ex wifes house she informed me (in front of my daughter) that I will not be seeing my daughter as much in the future as it effects her Child Maintenance and tax credits. Naturally I hit the roof and she has now made false allegations of domestic abuse and harrasment. Ive had a visit from the police telling me to stay away from the family home (My Ex's) not to contact my ex wife whatsoever and that she now has a solicitor acting for her and getting legal aid.

I have been allowed my daughter tonight from 5 PM for a sleepover but a third party must pick up and drop off at 7AM tomorrow morning, so I will only get 2-3 hours quality time with her before bed.

I have not seen my daughter for a week now and I am very much missing her, I have a meeting with mediation today but as she alleges domestic violence I dont think mediation is allowed in those circumstances.

I am at a loss

Could anyone please advise me what to do,
PaulV Editor 29/04/2015 at 10:53 am
@Sandra - your son is too young to be consulted on his opinion, so he wont be asked. As much as he may be a 'daddies boy', the court will always rule towards what it thinks is in the best interests of your child. If he is stable, happy and has consistency in his life, then the court will not try to upset this balance. The court will still usually rule in favour of any child staying with its mother, unless the parent applying for residency can prove that it is not in the best interests for the child to remain where he is. From what you are staying this sounds pretty unlikely. If you separate for good it is healthier to try and come to an agreed arrangement between yourselves about who has your son and when. It works much better if you can both agree between you what you think is in his best interests.
Sandra 26/04/2015 at 4:47 pm
This is the 3rd time I have split with my 5year olds dad. He finishes it and then wants to come back and be a family. However This is the last time. He hasnt moved out yet However he always makes me feel Guilty that I'm the one that gets to see our son everyday. He is doing well work wise and I'm pretty sure he will try and and get 50/50 if not more. He is on birth certificate. My son is 5 and at the minute is very daddy's boy. Would they ask him who he wants to live with either mummy and daddy if his dad wanted full custody? Would he ever be grated with full custody? This is killing me that I could lose my son.
SeparatedDads Editor 27/04/2015 at 12:55 pm
@Chris - rather than take it to court, which may cause some animosity if your ex is being co-operative, why not suggest mediation and a written agreement, so that you both know what part you will play post-split. You may be interested in our partner page: Mediation: What is it and is it For Me? whichI hope this helps.
Chris 24/04/2015 at 5:25 pm
I am just about to get my own place and move out of the family home. Everything is very amicable and my X has said she doesn't want to stop me seeing my daughter and she can stay over etc. All seems well but my concern is that if and when another partner comes on the scene this could change. Is it worth going for joint custody to stop this happening in the future or better to cross that bridge when it comes to it in the hope my relationship with my daughters mother stays decent as it is now?
Ed Editor 15/04/2015 at 2:57 pm
@Ken - great news for you! The term, shared custody, is often used as a synonym for joint custody. Both shared custody and joint custody fall into the category of shared parenting - all much of a muchness really.
Ken 13/04/2015 at 5:03 pm
I've just been granted shared custody of my children, 50/50 which is great news.
I am concerned that I have was not granted joint residency of my children. Has any other parents had a problem gaining this? How long should I wait before reapplying for this as I think the decision was a bit strange.
SeparatedDads Editor 15/04/2015 at 1:57 pm
@Natty - it is highly unlikely the court will grant him a residency order when he doesn't have parental responsibility and his name is not on the birth certificate. He will be able to take you to court to gain PR and possibly a contact order. As specified in the article in many instances, residence (custody) is granted to the mother, and the father has contact rights set out. I hope this helps.
Natty 13/04/2015 at 1:11 am
My Ex went through court with his first child. The Mother wanted shared residency (50/50 contact) and father wanted full residency (where the mother had child at weekend). The court went in favour of the mother and shared residency was granted at exactly 50/50. Now we have a child but are separated and my ex wants to go to court for full residency. He's not on the birth certificate because I was afraid that this would happen. I will be fighting for full residency and completely refusing 50/50 or full custody to him. I cannot bear the thought of losing my baby and do not want to have him for only half of the time. I also have a child to a previous relationship but when we split we came to an amicable agreement where dad has our child one night a week from midday until bed time the following day and this works really well for both us and our child. I would want something like this to take place with my younger child but my ex is going to fight. I have a disability but this hasn't hindered me from raising my eldest child in any way. What are the chances that the court will side with him?
Abi Editor 14/04/2015 at 2:26 pm
@bob - you would really have to apply for a prohibited steps order or specific issue order through the courts if you wanted him not to be around your children.
bob 11/04/2015 at 11:27 pm
If my ex is living with someone who isn't ment to be living there as she claiming benefits. The new partner has a restraining order against them and I am concerned about my kids being left alone with them as she is at work and Im at work also so can't take on xtra days with them. I get them most weekends from fri to sunday.
SeparatedDads Editor 07/04/2015 at 11:57 am
@Emmie - if she won't meet him halfway voluntarily, then the only thing he can really do is try and enforce it via a court order.
Emmie 03/04/2015 at 3:50 pm
My partners ex wife moved 2 hrs away when they seperated and will not meet him half way when he as the kids he also as them most school holidays she also won't let him have them Xmas day he can only have them new year so she can go out , she says he as to pick and drop them off because he left her and it's all his fault it as been nearly 4 year is there anything he can do because he mainly works weekends and he's finding it hard to get back in time to start work she's keeps saying it's his responsibility not hers but if he can't pick them up don't have them sometimes it can take longer than 2 hrs and I've complained that it could cause an accident all the driving then working thank you for any help
Lewie 01/04/2015 at 10:44 pm
My ex and I are going through a seperation, this was put down to her being depressed, she hasn't worked since before Christmas and tells me she has no intention of working either. She used to pass comments to me that she would be better off financially without me living off benefits (what a joke that was when she didn't pay for a single bill in the house).
When she was working my mother would look after our two year old on a Monday, my ex is putting a total stop to this, what rights would she have?
My ex is offering me a Thursday night and Friday night then every other Saturday, I find this unreasonable and would like to challenge, would I have much chance of getting more access?
SeparatedDads Editor 02/04/2015 at 10:15 am
@Eddie Riff - it is the same thing really, there is no difference between shared care and shared residency. When it comes to the benefits, this should really be sorted out between you. As a rule the benefits can only be allocated to the one parent who has the majority care. You will have to assess who buys all the clothes and pays for the general day-to-day upkeep of the child. As difficult as it may be, you may have to either sit down and sort this out between you and if you can't perhaps take it to mediation. I hope this helps.
Eddie Riff 31/03/2015 at 8:59 am
Can anyone give me a helping hand please. I'll cut a very long story short in that my son, caught up in a nasty marriage split has had quite a lot of access to his kids, however, he wanted full 50/50 shared care. He has managed to get it and the hearing was signed off by the Judge on Thursday. First of all, I'm guessing that he should get official notification from the court. He forgot to ask as he was rather overwhelmed; he's been representing himself with help from me and we've cracked her solicitor off three times now. Secondly, as he now has 50/50, should he have asked, or should he now ask for 50/50 RESIDENCY. He would like any benefits that he is now due, half Child Benefit, half Family Tax Credits but is unsure if his shared care must be stated as Residency or else he can't claim. Any help would be greatly appreciated.
Paul Editor 01/04/2015 at 1:59 pm
@stace - he is within his rights to see his son, but this is something you should really be able to sort out between you. But if you do not want him to see his son on that specific day then he would have to take it back to court and let the court decide.
stace 30/03/2015 at 7:59 pm
Hello, just wanted to no something. Me and my son son's dad don't live together anymore. I have my court order, my son leaves with me and he has set days and times with his father. Due to me working his father has been having him on one of my set days on the court order. Our order does state extra contact can be done. Well am now pregnant and due to leave soon, his father isn't having none of it saying well its my day with him you agree ect ect. But extra contact doesn't have to mean set for life does it? He is now stating he is taking me to court as am been un fair but he knew it was only while I was working, helping me out and himself to have his son more. Thank you
SeparatedDads Editor 26/02/2015 at 12:56 pm
@babyduesoon - I am sorry to hear that things haven't worked out. But if you look at a few of our other Separated Dads articles, it should tell you the best way to go about obtaining access. First of all when the baby is born you can apply for parental responsibility, and you can at the same time apply for contact. See article: When Your Ex-Partner Denies You Access, whichAs far as representing yourself there are a lot of fathers now doing so with a good amount of success, You may also find our Separated Dads Facebook page useful for support through this difficult time. I hope this helps.
SeparatedDads Editor 25/02/2015 at 12:53 pm
@danny191176 - you can apply for a Prohibited Steps order through the courts on the basis that it will disrupt the relationship between you and your daughter. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. I hope this helps and good luck.
babyduesoon 24/02/2015 at 3:18 pm
Hi, I'm new to all of this but hope this will help!! My baby is due the first week march 2015 but my ex partner normally gives birth approx 2 weeks before there due date. Communication between us has broken down and she wont reply to my messages, I recently asked how baby is but she not refusing to acknowledge me. Throughout pregnancy I was told I cant go to scans, midwife appointments. However I wasn't allowed to attend some ultrasound scans and some midwife appointments, I have been told that my name would not be on the birth certificate and I will be a part time father and I wont be told when my baby is born. This is my first child and I want to be part of there life and do anything possible. Im wishing to have a double barreled surname as want to make sure my child knows who his father is unlike her previous children. Because baby is due soon and communication has stopped im seeking advice. Solicitors fees can be very expensive and would rather represent myself if i can but if needed i will approach a solicitor.
I have some questions that hopefully can help me
1. How can I find out if baby born if mother is refusing to contact me
2. Once my child is registered with a forename can this be changed
3. How will I obtain access to see my child
4. At what age would I be allowed to see my child on 1-2-1 basis
5. I don't want my child used as a weapon and would like agreements set in place such as access and living arrangements.
6. Is there any templates for letters i can use to help me communicate with my ex or draft legal letters for access

Hope everything will get sorted for everyone but as i know these situations can be emotional for all and the law is more on the mothers side that fathers.
MIke Editor 25/02/2015 at 1:04 pm
@barb - unfortunately things said in the heat of the moment can often have long term effects which it obviously has in your son's case. Likewise it would have been obviously distressing for the child's mother to hear this and understandable that she has gone on the defensive. I don't understand why he has been denied access under supervision though - as it is not like he's a threat. I can only recommend he keeps trying. He will need to prove himself through the courts first and unfortunately it may take some time. Unfortunately this has repercussions on you too. But I don't think grandparents have much in the way of legal rights, although some are now taking it to court, so it may be worth trying. I hope at some point this turns around for you. I know there is the Grandparents Association that offers support in issues like this, you may want to try there.
barb 23/02/2015 at 3:11 pm
I am the grandma in all of this. My son who does not deny he was out of order, got blind drunk induced by circumstances and threatened to kill his partner and his child, awakening in a cell, he has and would not ever harm his child and upto then looked after her on his own in between his and partners work shifts he has been denied access to his child who he loves very much, the partner is also a drinker. He has a probation office and goes voluntarily to AA and has stopped smoking since this happened in November 2014. he was left with debts and the clearing out of his home they shared without any help from her but can not get that he pays his child maintenance on time but in every way he has been denied access from his partner. we have asked he has access under supervision but that has been denied. I have lost my grandchild and we are trying to find a way financial to help him as legal aid has been denied, we have filled in every conceivable form can you advise us we are desperate
SeparatedDads Editor 20/02/2015 at 2:39 pm
@klv - there are things he can do. In the first instance he should read our partner article When Your Ex-Partner Denies You Access, whichIf he can't afford the legal fees he can also self-litigate, see link Legal Aid Withdrawal: How to Represent Yourself, whichThis method is proving successful for fathers who can call in help from a McKenzie Friend. Also our Separated Dads Facebook page offers lots of support and advice from fathers who have been through very similar issues. I hope this helps.
klv 19/02/2015 at 8:49 pm
My partner has a son with his ex, she.got pregnant on purpose after a few dates, as she is on the dole and this afforded her a new bigger council house. She had never wanted him to have anything to do with his son and only out his name on the birth certificate so she could claim child maintenance. She refuses to have any contact let alone share custody and even a court order is impossible as she just accuses him of everything under the sun. Courts aren't interested in the truth and it would cost him thousands to prove her wrong. So he us stuck, cannot see a son he wants contact with and because of this has to pay massive amounts of maintenance. No justice for fathers.
Libby Editor 19/02/2015 at 3:07 pm
@G - it depends how your ex wants to play it. If she receives child benefit then she is considered the main carer, which means should she wish, she could claim child support. However, the CMS would financially lessen the payments for each day you have your children over. Or you can just split the financial care between you and you don't pay maintenance. Should you wish there is no reason that you can't get something drawn up by a solicitor, in order to give you both peace of mind.
G 18/02/2015 at 12:39 pm
Hi All, a couple of questions. I would be most grateful for some advice.

1. Myself and my wife have split and the house is currenly on the market. We have agreed that we would have joint custody (4 days with her then 4 with me) this is currently only a verbal agreement however I wondered if there is a contract or something similar we can both sign (just in case!) I do not want to go down the court/ lawyer route but do want to protect myself.

2. How does the CSA view it if the split is exactly 50/50. There online calculator only gives you the choice of being a payer or reciever, surely if it is 50/50 and both agree then no one should be paying anything or is it based on earnings as well.

Many thanks for your advice
SeparatedDads Editor 30/01/2015 at 2:27 pm
@roxie - I'm sure she is safe with her dad, but it means you miss out on quality weekend time with her. It is up to you to work it out with him and if you would like some weekend time, then you should perhaps suggest you try and alternate weekends and instead he could take her mid-week instead. I hope this helps.
roxie 29/01/2015 at 7:55 pm
Hi everyone, my daughters almost 3 now and my arrangement with her father is that he keeps her thurs-sun one week then fri-sun the next. I'm just wondering if I'm doing the right thing by my daughter letting her go for so long as I always feel so guilty when she goes?
SeparatedDads Editor 22/01/2015 at 10:59 am
@Jazzy - these tug-of-wars are always difficult and I imagine the mother is going through just as much pain as the father in this after not having her child returned and I suspect she will have put in a contact order and it may up to the courts to decide. It is very difficult to assess what may happen here as there is of course another side to the story. Rather than refusing to return the child your son could have instigated court proceedings in the form of a Prohibited Steps Order under section 8 of the Children Act 1989 to attempt to prevent the move, as she is obliged to gain permission from your son to move away given he has parental responsibility. There is little advice I can give here as you will have to wait and see what action your son's ex takes in retaliation.
Jazzy 21/01/2015 at 2:12 pm
My son split from his ex in April last year and despite his ex being very bitter and jealous towards him since the split, has had regular contact with their son who is 3 next month. However she recently announced that she was moving away and would not give my son an address nor even an area where she was moving to (we have reason to believe it is a couple of hours away). My son therefore refused to return his son to her after his last contact visit as this seems entirely unreasonable to allow her to move without giving him an address. He has told her that she will need to apply to Court to determine who gets custody of their son (we have other concerns over his wellbeing and development whilst in her care). My son works full time and the mother does not but we have got the child into a local nursery which he is thoroughly enjoying. Any advice or comments please?
ARM 26/12/2014 at 4:43 pm
My ex wife (we have been divorced 4.5 years) has recently got a new boyfriend who has moved into her house. My 9 year old son seemed to like him so I was happy. My relations have never been easy with my wife but we have got along for the sake of our son. However since the new boyfriend has been on the scene she now refuses to have any contact with me and is now communicating only via the boyfriend. Unfortunately the boyfriend seems to have taken a dislike to me and is increasing aggressive in communication and seems to enjoy telling me how horrible, rude and bad my son is and dictating that I can only speak to my son at certain times on the phone and only with me on speaker phone and him present.
I have also found out after a quick google of the boyfriends name that he has a current conviction for assault and a court appearance/case 5 years ago for aledgedly beating up his then girlfriend.
I am worried about my son in the house with this guy who is telling me aggressively that my son is basically horrible, rude and generally naughty.
The boyfriend is 52 and should know better and mind his own business.
Where should I start and what should I do?
essex 25/11/2014 at 9:07 pm
Hi, Im recently separated and have a very strong bond with my 2 year old boy, I have dropped my hours at work down to 4 days a week to spend the weekends with him and do the nursery run ect, however my ex has recently mentioned doing every other weekend rather than every as she feels with her week day commitments she needs the time at weekends more than me? When I challenge this she says if it goes to court that's all single fathers are allocated. I have done some research and read some of the comments below and if it does go down that route (but hope it doesn't) what are my chances of keeping this routine I have in place at present?
thanks
Johns 25/11/2014 at 5:20 pm
I have a letter of agreement which states both my self and my x willhave joint care of my 2 boys. It also stated no party shall claim child mainaince due to boys being with each party equal amounts. Recently I received a letter stating owe child maintainance payments. As my partner had made an application with who knows what I said on it. Anyway the case was closed.

The real problem now is that is is more and more difficult to get boys when I want and if I do not agree it all kicks off this is all with a letter of agreements which states joint care. I am due to collect boys at a certain time which my pattern does not agee with how can I pick up my boys without a drama. I was thinking maybe I should call the police before go to collect my boys. Any advice would be very very much appreciated.

Thanks
Mark 13/11/2014 at 6:16 pm
Hi just wondering if there is anyone that can help me I've spilt from my boys mum 4 years ago we have shared residence with them I had one child tax and child benift for one of my boys and the mum had the other but now there mum wants them both I'm in court on first of December for the child benifit but they have given her the child tax I have my boys 265 hours a month and take them out a lot when I have them i need money to get there clothes shoes and school things to so can anyone help me ( thanks )
Rob Editor 11/11/2014 at 1:38 pm
@moon - that seems like a nice gesture and one many fathers who are separated from their children would welcome. But separation hits people in different ways. While some parents might want to spend this special time with their children, for others it's just too painful a reminder of Christmas's past. In order to get through it, your ex's way of dealing with his pain might be having to cut himself off.
moon 10/11/2014 at 10:25 pm
Hi I just wanted to ask that if your ex had said you could sleep on the sofa xmas eve to see your nearly 3 year old open his presents xmas day, would you? I asked my ex if he wanted to do this and he said no as it would be too hard to leave xmas morning. I don't really understand this and wondered if this is something other fathers would do. Thanks
Sal Editor 23/10/2014 at 11:20 am
@oddjob - this seems very unreasonable and quite cruel that your ex wont let you see her over Christmas especially if she is staying at home, even if she allowed you to visit her at her home on Christmas Day would help you feel better I'm sure. I hope you manage to sort it out.
oddjob 22/10/2014 at 4:25 pm
Thanks for feedback.
She has said our daughter wants to spend it at home but what does a 7 year old know?
She should persuade her to come to me either of the days not let our daughter decide herself.
She has said I can have her for the days leading up to Christmas and Christmas eve until 2-3pm but its just not the same.
Just feel helpless
SeparatedDads Editor 22/10/2014 at 12:16 pm
@Oddjob - Christmas is always the most difficult time for separated parents and when a veritable tug-o-war can happen. Are you going through mediation, is it something you can sort out via that? You don't say why she has refused access, if she is just being difficult then perhaps you could seek advice about taking it further or try to appeal to her better nature by telling her how hard it is for you not to see them at this special time. If she is the primary carer then she might then at least let you call in or let you have them for a few hours, or overnight. However, if she is taking them away, then as unfair as it seemingly is, it would make it impossible for you to see them. If that is the case then perhaps you could have a special Christmas Day on Christmas Eve and then make sure you call them on Christmas Day, and spend time with other members of your family to make it less painful. I know it is very difficult and you certainly wont be the only separated parent going through this pain this Xmas time. I just hope you can manage to sort it out. However, if you do want to seek legal advice, I would set the ball rolling now as the family law courts are usually busiest over Christmas.
oddjob 21/10/2014 at 4:18 pm
Hi I need some advice,
My ex has said I can't have my daughter for Christmas or boxing day. I pay her maintenance every month and I have my daughter every other weekend and when I can in school holidays. She has said I can see her before Christmas but not on Christmas day or boxing day. I am thinking of taking her to court so she can't make everything to suit herself.
Where do I stand and can I get a legal written agreement for holiday times like Christmas?
chino 11/10/2014 at 1:42 pm
To all parents out there who share custody of a child... what are your arrangements regarding Christmas time? My ex will not let me have our daughter at Christmas time and tells me I have no hope if I took her to court. We share access through the year on her terms. Feeling very lost at the moment so all advice would be greatly appreciated?

Thanks
delamorphic 06/10/2014 at 9:25 am
Sorry I forgot to mention it's for hight school. We have to have our decision for September 2015.
delamorphic 06/10/2014 at 9:22 am
Hi, I have a joint custody order via the courts. My son is in yr 5 and I have made a suggestion to his mother about a school that is exactly half way between our homes. She is telling our son that he lives in her district and therfore she will decide on the school. Last yr she told him he was going to one around the corner from where she lives. Now she is telling him he can go to one miles away because one of his friends is going there. What can I do to make sure we both choose his school and that she sticks to it? I've tried talking to her but she still goes away and tells our son she will choose.
wolf258 22/09/2014 at 9:47 pm
I share custody of my 3 children with my ex wife. We split at her insistence 4 years ago and we have successfully shared 50/50 custody of the children. I am now in another relationship; someone who I've introduced to my children gradually and who they've responded well too. This has upset my ex wife and she has notified me through a lawyer that the current arrangement should be re-assessed because the children have "expressed unhappiness". I believe this to be untrue as I have excellent relationships with my children and know they are happy. I also think she has gone down this route because the only thing a judge would take into account before precedence would be childs opinion. What can I do? I absolutely do not want to give up my time with the children but equally I'd try to avoid situations where they are put in the middle; exactly what I've avoided since the split. Any advice welcome.
karl 16/09/2014 at 9:00 pm
Hi all i have 2 kids a daughter whos 3 this saturday and a son whos 1 i want some kind of paper work or agreement though the court thats set in stone which allows me to see my kids as per the agreements i made with my ex the reason i want it doing legally is everytime its my time with the kids or my weekend the ex makes plans for kids with her so i cant see them and she also wont let me see the kids on their birthdays or xmas or things like that because she wants to spend all day/holiday with them and her family meaning i dont see them at all HELP
jakey 11/09/2014 at 7:15 pm
I have a daughter with my ex I have been kicked ou t of our home and living with family how do I proceed to get joint custody of our daughter so I can see her without her mum always there??
SeparatedDads Editor 07/08/2014 at 12:12 pm
@Benn, have a look on our facebook page there are lots of dads on there who have been in your position and are more than willing to offer help and advice. Good luck mate!
Benn 06/08/2014 at 1:11 pm
As a young father when i split with my ex of 5 years (never married) i found out quite quickly that She was going to make my life very difficult, which she has, when she's invited me up to her house to see the child her and her mother have claimed i've become very abusive very fast and called the police. so after that i had no contact. "2 years ago" and finally after a extremely lengthy process i've got my first hearing in 3 weeks time.
any advice?
big mac 16/07/2014 at 10:01 am
Sadly I hit my gorgeous wife she would start an argument and things got out of hand she has hit me also but I am ashamed she took out an injunction against me and I now have lost her and my kids I would do anything to get her back.we went to court for access to kids and I was expecting her to call me she did not intact the opposite she began to cry so did I.The judge said it was commendable what I said about her.I feel she must still love me otherwise she would have sat without any emotions.Is there anything I can do to get her back.sadly it's her family that are the problem.Can someone advise me please.My life is not the same without her.
Daniel Mcness 15/07/2014 at 4:35 pm
My ex girlfriend lying to child support claiming i have not paid maintenance from day one i havebin now as there no proof as i was paying cash to her in hand now i owe 1500 wat can i do
Sella 08/07/2014 at 10:54 am
I live in Cape Town and my kids dad in East London we whr never married,so what i would like to know is who is respon for travelling fair to and from Cape Town and East London?
Steve 19/06/2014 at 10:27 am
Hello everyone, just need some advice please. I have shared custody and wish to take my child on holiday during my set custody time. My ex is refusing to give me his passport. Does anyone know the process of what I should do. Any advice would be much appreciated. Thank you
Jay 15/06/2014 at 4:28 pm
I only have one thing to say UK LAW SUX, let drug dealers, murderers and paedophiles back out on to our streets just because they need the beds. Foreign immigrants have more rights than UK citizens, I have no rights as a father.
smith946 28/05/2014 at 8:46 pm
Ive been separated from my wife for the past 3 months tho the relationship broke down maybe a yr or two before. Initially we had agreed for us to have our kids on alternate weekends and then one or 2 nights in the week i would go watch them at hers so that she could work (she started self employed work last october), in t last couple of weeks she has demanded that they stay at mynhouse on at least 2 nights per week when ive not got them at the weekend (Tues & Thurs nights) and then an additional 2 nights on the weekends where i do have them (i was already having them Fri and sat nights but apparently the Friday might isn't a week night its part of the weekend??) so those weekends i have them Mon, wed, fro and sat nights, which dont get me wrong i love spending time with my kids but in paying maintenance of £200 month for them to spend 6 nights out of 14 with me, she is now also demanding i make my employer change my working hours so that i can take the kids to school the mornings after the night ive had them - this is because she claims that she can't do her work and why should she have to sacrifice her work when i wont. To me she is my children's primary carer and hence she is the one who needs to make more of the sacrifices, am i being harsh on thinking that? It seems that her work and new social life at time seem to take priority over looking after the kids. Need some advice as to what my options are. Thank you
fobs 27/05/2014 at 10:37 pm
Just wondering about shared custody.. say I have my kids 2-3 times a week and my ex has them 3-4 times a week do I still need to pay child maintenance ?? due to work commitments I cant have my kids any more days of the week and 3 days a week is a fair amount of time and money gets spent on them just think its unfair that I still need to pay my ex£120 a month for child maintenance. Just wondering does anyone have issues or any information on matters like this?
MM 23/05/2014 at 12:05 am
Looking through the news online today i saw proposals about child maintenance changes whereby the "absent" parent has deductions taken from their pay. this got me thinking and i could not find much info from the news article itself, or the gov webpage. my situation is that without any official agreement i share all parental rights responsibilities and time with my ex over our 3yr old. Everything is "even" between us when it comes to the child except i believe she gets child maintenance and child tax credits income support amongst other things and a part time job. But as in the past i have signed a form declaring that my ex is the "first parent", through bad definition mind you, this is because i don't want the time he spends with her to be compromised in this respect. does anyone know any information that may be helpful in how the changes may affect my situation.
marco 21/05/2014 at 3:40 pm
Yesterday I attended court regarding contact with my children but the Cafcass officer requested a section 7 where they have 12 weeks to assess me for an alcohol and gambling problem. I am not an alcoholic but do have a bit of a gambling problem. This is due to my wife telling them this. Does anyone know how Cafcass will go about assessing me for these things and is there a way that I can help improve their judgement here?
Thanks
Dad 13/05/2014 at 10:16 am
Hi All,

After just short of 14 years of marriage my Wife and I have split up and there is no chance of any reconciliation.

We have 5 children between 9 and 14.

We have also agreed to split up and remain as friends.

I will be homeless at the end of this month and our children will be living with their Mother, but I can see them as and when I and they want to.

I am hoping that my local authority will help me out with temporary housing.

When I get a place of my own it is agreed between my Wife and I that I will have shared residency of our children. eg: 3 days a week at my house, as well as whenever they wish to pop in throughout the day etc. And having them more through school holidays too.

My question is:

Can I call it "Shared Residency" on the letter to my Local authority and to my local social housing group, in a letter from my Wife to say that our marriage has broken down, we have split up, and that there is no chance of any re-conciliation, please? or can those words be ONLY used when parents go to court and they say so.

Like I say, we have mutually agreed between us, and do not wish to go to court, put our children through that or want or need the expense and stress of it all.

Many thanks in advance.
dave 02/05/2014 at 12:19 pm
Hi guys, looking for some advice. I have had shared custody of my 2 kids for nearly 6 months. Things at first seemed ok, but now there is no communication between me and there mother and this is from her side as she refused to discuss the kids with me. Also my children come back unhappy from hers and ask if they can stay here. They tell me she has been smcking them and that she does not do anything with them. To be honest why she was so determind to have full custody. I don't no what to do? As a mother she has a right to disapline our children even if its somthing I refuse to do. But them being unhappy is not right. If I was to to go for full custody there would be no proof as they would not ask the kids because of there age and I don't want to risk loosing what I already have. Help!
Monica 07/03/2014 at 5:36 pm
my partner has shared residency and his ex is talking about moving away is she allowed to do this
RebeccaM 10/02/2014 at 9:15 pm
Kate, I agree with you. The courts are set up to favour abusive men and like you, my ex got shared residence and does not comply with the order. He never returns our 4 year old on time, keeps taking me to court and makes life hell. My experience has been the same as yours. The Cafcass officer in my case seemed to have just heard his side and told me that she did not have to consider domestic abuse as it was not the job of Cafcass. It's a nightmare but the courts favour abusive fathers. I just wonder if the genuinely caring fathers who are interested in their children also find themselves suffering at the hands of a judiciary that are not qualified to deal with abuse and manipulation.
sami 09/02/2014 at 5:46 pm
I was addicted for gambling the last two years. This starts 2 years ago when my ex-girlfriends starts pregnant. I was a first year university student by the time. I didn't have any job and we didn't had enough income for us. I was ready to have a baby but I accepted to be responsible and to support my girlfriend. one day my friend wants to go William hill beating shop and I followed him. he puts £5 in to machine and he won £453 within 20 minutes. I couldn't believe he get's £453 with in 20 minutes. when I get home I told my ex-girlfriend about this. after few day I start going the same place to win but I keep losing and I went back again to get my money back but I keep losing. since then, i lots a lots of money i couldn't control myself. always when i have money in my pocket something will push me to go there and play. sometimes took money from my ex-girlfriend to play without telling her. i was very straggling and worried. after we had our daughter. this gambling getting worst. my ex-girlfriend took my daughter away from me when out telling me. i didn't know what to do. i was depressed and stressed for long time. she refuse me not to contacted with her and my daughter with out court order. it has been more than 8 month now since i saw my daughter. i want to visit and support my daughter. my ex keep saying the court has to decide for me to visit her. what do i have to do.
kate 24/01/2014 at 11:22 pm
My heart is now broken into a million pieces. It seems like everyone has conspired to take my beautiful child away from me, after six years of trying so hard to fight for what I thought was my child's best interest, and trying to fight against all the abuse by my ex. There's just been a Cafcass report done, and she did a hatchet job on me. She wrote things as fact that were not fact, reiterating the same tired old false allegations my ex has made against me for years from the moment I left him, all without evidence, just his word against mine. It's as if he wrote the report himself, and handed it to her, and she signed and submitted it. And it has always been like that with little exception. I have never really been believed. But I haven't lied. I've told the truth about him. He is an abuser, one of the worst, but one of the best at concealing it. At best, courts think we are as 'bad' as each other. That is the extent to which my ex has been held accountable for what has been extremely cruel and vindictive behaviour towards me. I guess I'm paying for too many women who have lied before me, because I cannot figure out why I am not believed or just simply dismissed when I'm telling the truth, and why he always seems to be believed or at least indulged when he is lying.

I always knew he'd get me back for leaving him, that is his nature. I just wasn't sure how far he'd take it. I had hoped that he'd calm down after a year or two, or three, but it just didn't happen. I knew his nature, saw it in action when I was married to him. He would plot revenge against anyone who crossed him, sometimes even asking me to help him. I used to think 'let it go' because he just kept on and on about the slightest things other people 'did' to him, whether it was neighbours, or work colleagues, or just someone in his way at a shop. But he never let anything go. He always made sure he got people back, made them suffer in some way. I think he has deep rooted issues with his own father, who walked out on him when he was young, and never returned. This unresolved anger has manifested itself deep within him and his psyche, and I think ever since he's had the need to crush anyone who crosses him or who he perceives as having crossed him, or worse, anyone who leaves him. I crossed him in the worst way. I left him. Six years ago. I tried to be amicable. I never withheld contact, even before courts got involved. None of my good faith mattered. He plotted to chip away slowly, wear me down through repeated attacks over time, until he was finally able to take my child from me six years later. This included never leaving me in peace, stalking me, never showing any regard for myself as primary caregiver to our child, acting as sole parent to third parties, making false reports to police against me, and to social services, retaining our child beyond agreed times, isolation tactics, lying to and manipulating third parties, feigning victim, making constant false al
Flower 03/12/2013 at 5:00 pm
Hi - my comment is directed at James, and Lynzleybee, both of whom have asked for thoughts about Christmas. As a separated mum, who has an amicable relationship with my ex (it hasn't always been that way, and has required effort and compromise from us both), and a 50/50 shared parenting set-up, I feel very strongly that the mother does NOT and should not decide that 'Christmas is magical, and mine' - I alternate each year with my ex, and yes it does feel hard, and a little lonely when it isn't my turn - but this is about the children, not me! I feel particularly strongly about this because I also see the other side of the coin - my partner also has children..and his ex is vehemently opposed to him ever having his children on Christmas Day, Christmas Eve or Boxing Day..for similar reasons that you give to justify your stance Lynzleybee - in my opinion that is punishing the children for the perceived 'sins' of the father. All I can say is this - I asked my children what they'd like to do, and they said 'we'd like to see both of you, so can we swap each year and make it fair' - their maturity does them credit. Perhaps you could ask your son what he'd like, and hope that he feels he can answer honestly, and without fear of upsetting you, or your ex? To James - no, the mother should not have priority - your daughter should, and your suggestion to alternate is eminently fair. End of.
Lynzleybee 26/11/2013 at 6:01 pm
If a decent relationship can be established between both parents, then this is undoubtedly the best scenario for the children involved. However, as in my case, this is not always possible. James, you left a comment earlier this month and I would like to direct my comment to you. My ex and I broke up after his infidelity was uncovered and a fortnight later, I discovered I was pregnant. By this time he was already in a relationship with the girl he was cheating on me with. I asked him straight out if he wanted to be part of the child's life, he said yes, and after almost the whole pregnancy of me desperately trying to get him involved he has stepped up and is a great dad to my little boy. I have primary custody, but he stays over at his dads four nights a fortnight and his dad attends hospital appointments etc. And we have remained pretty much civil for the 19 months since my son was born. However, Christmas is an issue. I am refusing to let my son stay at his fathers on Christmas Eve as I see Christmas morning as a magical time for any parent, and I will not have my ex's girlfriend take that time that should be mine. I have agreed that he can be picked up and spend the evening and night with his father and family, just not the morning. My ex is now saying that he would like us to alternate Christmases with our son, and my response has been no. He made his choices and now he has to live by them. I am probably going to receive some harsh comments about this post, but I don't believe I am being out of order, if I had my way there wouldn't even be a discussion about where my son would go. But beds have been made, its time to lie in them.
lel 22/11/2013 at 12:36 pm
my son has shared residency of his daughter but she doesn't want to live with her mum anymore. Can she decide for herself where she lives
Big mac 09/11/2013 at 8:41 pm
Me and my wife have split when we were together we argued a lot she would lash out I would hit back which I am ashamed of however behind my back she got legal aid and took an injunction out I can't contact her my kids and was forced by the courts to leave our house. This has devastated me I took her for granted said some horrible things I regret, but her solicitor has had me portrayed as a wife abuser and terrible dad. I love my wife and kids more than anything we both had faults I just want her back WHAT CAN I DO
James 04/11/2013 at 3:49 am
My partner and I split up just after our daughter turned 2. It was not my choice and leaving our home was the hardest thing I've ever done. Our relationship these days (some 18 mos later) is better than when we lived together. My daughter lives with me between 3-4 nights of the week over a weekend. We are both fairly flexible as I work full time and she works x3 days per week, although as she is a nurse its probably more physically demanding than my job. If I have to go away for business my ex is normally good about letting me have extra time when I return. All in all we both make sure our daughter comes first.My only issue has recently occurred where last Christmas (our first appart) I agreed that our daughter could spend Christmas morning with her mother if we alternated each year. She agreed last year but has changed her mind this year. We are at a complete dead lock and when ever the subject is broached it turns horrid. I don't want to set a precident about coming second on these special occasions. I think it's only fair that our daughter gets to spend birthdays, Christmas and other special days alternating between parents.Am I wrong? We are both loving parents and our daughter is the sweetest child possible but is there any psychological argument as to why the mother should have priority?Any advice or comments are very welcome from mothers or fathers.Thank you.
nicholas 29/09/2013 at 4:10 pm
I have a 1year old daughter within a strained relationship. I want us to separate but I I am concerned about unfavourable access for fathers. I would ideally like 30 % weekly shared custody but I know my partner would heavily dispute this. How much influence does a mother have on whether a court awards shared custody? I solely own my home and am financial secure, my partner has neither. Will this affect?
Mia 31/07/2013 at 11:43 pm
I have read many of the comments on the page. It is a shame that despite the fact that I keep hearing that everything is in the interest of the child I cannot see it, at present all I see is what's best for the mother. There are some good mothers who want the children to have contact with their dads, but there are many mothers who would stop at nothing so that so that the children have very little or in some cases no contact at all. I speak from a grandmother's point of view who is going through the courts at the moment to get to see my grandchildren. My son was at the mercy of the children's mother, who when she was in a mood would not allow him contact. She would allow him week ends then when she felt like it this would be stopped for months on end, then she would allow him contact then stop. This went on for a long time until she stopped contact altogether. Although, not religious, she arranged for the children to be christened; on receiving service from my solicitor she told him he was no longer welcomed to his own children's christening, it was the last straw and he decided to take out an application for shared residence/contact. We are now both at court. My son has had to represent himself since the legal aid has stopped. It's a long road, but I encourage fathers not to give up, it's frustrating and in an ideal world the court should not be involved, but some mothers want to be in control and are totally unreasonable, putting themselves first instead of children. It's also a pity that most resort to lies to get their way; what these parents forget is that the children grow up and all these records will be open for the children to read when they are older. Shared residence is only new for those who have to go to court, for parents who put their children first they have been doing this for years; for those of us who have to go to court, the court are reluctant to give shared custody saying it's not in the best interest of the children; especially if asking for alternate week. They seem to think children are stupid, children have not concept of time and as long as they are loved and cared for shared residence should be encouraged as the norm. I was surprised to hear the judge ask my son what he would do when he got a job, this question was not asked of the mother (the judge was a woman). What does she think many hardworking single mums do. This is the 21st century, bringing up children is just for the woman to do; it was a sperm and an egg, not egg and egg or sperm and sperm. Not all women are good mothers and not all men are good fathers. Children need good parents who love them, even if they no longer love each other. As for unmarried fathers, don't be fooled that having your name on the birth certificate gives you any rights, it's still down to the mother whether you are informed about anything, it only makes it easier for the CSA to get money from you.
totty 21/07/2013 at 8:28 pm
my partner has been divorced for 10 years and his 2 children live with their mother. His son now 16 is very unhappy at home and wants to come and live with his dad how does this work if his mother has custody and their dad is paying her csa.
Don26 05/07/2013 at 10:16 pm
Hi! I have a joint residency order for my 11yr old who spends 9 days a month at mine (weekends) & half of all school holidays plus every February half term. This order was made against my sons wishes, who was 7 at the time, and wanted us to spend alternate weeks with him so it was fair. The court actually reduced the time I saw him, ignoring the fact that CAFCAS said my proposed arrangement would work in this case and that I was making the application to the court. Unfortunately, I was broke by this point and had to represent myself. My son has been asking when he can choose to live with me and my partner ever since and told his mum today that he wants to live with me. She & her partner said they won't let that happen so he asked when he can choose by law. I'm apprehensive about going back to court based on past experience as I would have to represent myself again, so would like to know what options I have in order to fulfil his wishes? What age can a child decide where they want to live in the UK and can my son bring the case to court as I haven't pressured him to make this decision and don't want an application by me jeopardizing the outcome for him.
Kezia 04/06/2013 at 11:36 pm
I have an 8yr old son with my ex partner. We have been separated 7 years and since him stating a new relationship things have become very difficult. I don't EVER stop his dad from seeing his son and he has him every other weekend. The issue currently is that he will not drive to my house to collect him and expects me to travel 35 miles to meet him half way!! I have already told him I'm happy to meet him half way on a Friday as he finishes work late but on a Sunday he would need to drop our son at mine we currently live 80 miles away from each other. All I want to know is that isn't it a fathers responsibility to collect his son?? He has on top of this told everyone that in keeping him away from his son! Which is a complete lie! He is threatening to take me to court something I can't afford so would be representing myself.
Anna 30/04/2013 at 7:42 am
My husnad ex wanted shared custody as she left my husband to drink and party and never married. but since we met she abuses me and arrange bullying by the rest of family. she demanded we split up. the family supports her including my husband parents as the child loves me too much which makes her too angry. my husband stupidly refused to file for full custody at the time his daughter asked for it at 7. Her mother loaded her with so much negativity and made everything to make sure she does not come to spend time with us as family but to use and abuse us. My son was never accepted and bullyed off. nobody talks to me and him. or my husband for that matter as he refused to bully me and tris to build a family for all.of us for these years. Now she is 14. A year ago at her 13 i could not coop with abuse any more and with a perspective to spend the rest of my life being abused by his daughter living in the same home. i started being scared for my life as she mentioned some big secret agaist us but then got really upset and scared of some punishment for telling me which said actually nothing. We are the only family she has as her mother still drinks and party. but i am 50 and just too tired of abuse and life spent in pleasing some always drunken woman who will never stop abusing me and her daughter will never stop abusing me to please her. i asked her to live with her mother if she does not want to be a member of our family and see her father any time she wants. I have not seen her for 6 months. just thinking about it was making me having panic attack. All she could talk for these months is she wants our house while no interest to us as people including her father. New waves if abuse from her mother demanding she stays with us as she needs going out. i eventually recovered and can see her. she comes about twice a week but does not stay. we talked couple times what family is about and how abusing one member makes everybody unhappy. Neither side wants any closer relationship. her mother drinks and left school at 16 and makes sure the kid gets no education. She was never allowed to do homework with us or take part in any sport or music if we arrange it. we just gave up trying to be involved. we all have university degtees, my son just finished medical school. When he gone to uni it was announced by his step syster only idiot going to uni. She adores drinking culture and is with her forth biyfriend at 14. Looking baxk. we were just used by her monther and committed our self to being used sure and abused by her child. i wanted to share this with these who fight for shared custody. make sure you can have a normal communication with your ex first. do not place the child in between. Can get years of struggle and no chance for a proper family getting other drawn into hateress with your ex.
suezib 17/04/2013 at 10:18 pm
Me partners ex wont let him see his two girls. He has a solicitor and was going to take his ex partner to court for a care order but he can not afored the court fee as its only me working and iv got 3 Children off my own and we can just cop on what I get paid and legal aid has bin stopped as any 1 get any advice on what we can do and his girls are under safeguard we r at our wits end plz if anyone can give us advice
Stace 04/04/2013 at 10:36 pm
Need people's help ASAP...my ex partner has sent me a letter in regards to contact for my daughter, I never stopped access he kicked my front door through with my daughter present , he was charged and was told to seek legal advice !! What I want to know is that if my 3 year old daughter was to sleep at my ex partner house where he now has a gf who has 2 sons in a 2 bed house ?? Would my daughter be allowed to sleep there as there is no place for my child to sleep also note that whilst he is saying these things to me he is claiming benefits of jsa and legal aid from his parents home where he claims he resides! So do I have the right to decline my child sleeps at his partners home and when he has her he resides at the address he claims he lives at with his parents not his girlfriends home?? He thinks this dont matter but the boys are not siblings of my child and she sleeps in her own bedroom at home or at my nana house when she sleeps over there she has a set routine also. He does not pay Csa but also expects me to provide for Leah whilst he has her on these nights / days ! I'm yet to see my solicitor so any help would be a bonus thanks
shardy 30/03/2013 at 11:32 pm
my friend is currently not allowed to see his 4 children , he is going to court soon to try for access but the thing is i agree with the mother that he is not a fit father ,any advice?
manoflife 18/02/2013 at 8:35 pm
Hello, my girlfriend and I never got married, we have a son who is less than 2 years old. just after my son was a month old, his mum moved with him from her parent's to live with me. the 3 of us lived together just like couples for nearly a year then the relationship started to fail. now, she has kicked me out of the house because I hit her back when she did hit me during an argument. I moved to a different city of about 120 miles away but because I have so much love for my son and always wanted to be a part of his life, I visited them every weekend until now that the relationship between me and my ex has fallen totally. Due to that, I have not been able to see my son for more than 2 months now. His mum has even threatened to change my son's last name and she is literally doing everything she can for me not to get close to my son. My name is on my son's birth certificate and even though none of us has been to court yet, ever since I left them I send money support my son every month. my ex partner wants me to go to court if I want to see my son. what do I do please ? as I really want to be able to have my son with me days I am free and he can always go back to his mum even though his mum is aware that my son gets very happy when he is with me.
DMA 28/01/2013 at 7:43 am
I am an indian national that has been given leave to remain in the UK so I can be a dad to my twin daughters. I have what this country calls "Good contact" and see my daughters very regularly. I have a great relationship with my girls too.I have them 3 week ends out of 4, every mid week for tea and an almost equal split on holidays.My girls recently turned 5. They are both of British nationality and so is their mother.One of my greatest fears is that she will remove the kids to the USA where she has always wanted to live.My daughters passports are up for renewal very soon and I would like my name to be made mention of on their passports as their father.Am I allowed to have this done?Thank You for your help
Trouble2 17/01/2013 at 5:17 pm
My ex has been awarded £400 per month for our child, I have 3 other children, a mortgage and bills to pay also. I have always paid a reasonable amount, I work out of the county for 6 months of the year but I also have my child for the rest of the year, so 6 months each. Do I still have to pay maintenance with my daughter being with me? Would I need to get shared custody on paper etc? Please someone helpMany thanks
Diana 15/01/2013 at 5:30 am
My ex and I have shared custody. He is going out of the country on vacation for 2 weeks and says his mom will be watching the kids instead of me during his time. My opinion is that if he is gone and cannot care for them then myself as the mom takes the kids. Please help.
Kalvyn 04/01/2013 at 3:24 pm
Hi, my ex recently left me after 4 years together, she currentl has my son staying with her. She left me for my so called best friend. She doesnt spend any time with the baby, she stays in her mums with 2 pitbulls and it smells horrible there. In her own house she has nothink. No television or couch or washing machine no cooker. All the babys food is always microwave food. She leaves the baby with her mum all the time. I would be able to give my baby stability and the love he needs. What do you think i could do to help me get custody please
None! 28/12/2012 at 9:01 pm
I have been divorced for nearly a year and provided maintenance before the court order came into being. My ex has recently applied to the CSA for child maintenance, I pay currently (1,500 pounds a month) and although the maintenance for her is fixed until death or further order. Although she is cohabiting, there is a clause that should she remarry then the maintenance will stop, what about cohabiting, how long can she do this before I object to paying her maintenance? Secondly, I would point out that there is a shared residency order in place and my 7 year old son lives with me approximately 50 per cent of the time. I have heard the CSA are changing the rules for maintenance in 2013, which is a few days away, so applications made by her last month will they be reevaluated bearing in mind that there is shared residence? Can you clarify the position as no one seems to know! And I have had no luck googling clarification of the above.
hels 20/11/2012 at 8:43 pm
I have 3 kids with ex 1 has them every other w.end and supports them. After I left him I met someone else. I fell pregnant. He walked. My ex 1 supported me through the pregnancy and pushed me to contact the baby's father. He met her at 4wks old never to be seen or heard of again. Ex 1 has brought her up with our other kids. N treats her no differently. Recently baby's dad has made contact seen her once. Got drunk on the second visit to the point he couldn't walk. He's paid £50 towards her n earns a Gd wage. That doesn't bother me. But now I want ex 1 to have joint custody as she calls him dad. N this is what we would both like Incase anything happens to me and she stays with her siblings and the dad she has always known. If anyone can help on info if I can do this it would b great.
gavin 22/10/2012 at 9:48 am
Im going through a pretty tough time at the moment.before my son was born(april 2011)the year before this I was seeing a girl on and off.now she had a really bad coke,kett problem.this has always caused friction in the relationship as I dont do drugs.she would be the one dissapearing for days then coming home thinking nothing would have happened.now our son is born and we are not together she is not doing drugs half as much as she was but every few weeks she dissapears for drugs binges for 2 days,ignores me and her family who know about her drugs past and also ignores our 18 month old son.its like she puts drugs before him.now I am thinking of going for joint custody what are my chances? I am currently not working at the moment due to being getting laid off,plus ive had a bad 2 yrs as my mother passed away so its been hard to get back into work.things are getting me down.it also didnt help that the day my mother passed away my ex went on a 3 day drugs binge before and 2 hrs after my mother passed away she told me she was pregnant.any advice would be greatly appreciated
..... 07/10/2012 at 7:25 pm
We have my step daughter 5 nights then her mum has her 5 nights, then we have her 4 nights and she has her 4 nights consecutively throughout the year!the csa have agreed this is shared custody of my step daughter. One thing is that my step daughters mum is in receipt of all the benefits plus DLA for her as she is partially disabled. Now we have to feed and clothe my step daughter and give exactly what her mum does if not more as we pay for her hair etc are we entitled to any of the dla?only now the csa has confirmed we have complete 50/50 shared custody of her she is trying to demand more money for other things for her, yet we know she gets over £500 a month for her disability and more. Now the money doesnt bother me as I would do anything for my step daughter but think it is unfair that she is trying to demand more even though the csa have told her exactly what she should get and not only that she gets everythong else even yhough she only sees her just the same amount as me n her dad do?!
rob 19/07/2012 at 12:12 pm
Me and my wife divorced in may 2011, up till that time i had the children every time i was home. in august 2011 my son called me to say that my ex and her partner were stopping me seeing them. this was a real shock as i had a very good relationship with both of my children. since that time there has been a war, she has had a prohibitive steps order in place and Cafcass got involved. The first Cafcass meeting was a joke as the officer forgot about the meeting. Cafcass then prepared the report however forgot to sent me a copy. We went to court and the my ex wanted supervised visits, i found this hard but did them. The children were really confused with this as they had always seen me at home for the weekends. this all progressed and we moved to supervised visits at a friends. My ex turned up to 3 of them late twice and i complained but was told by Cafcass that this was the way it was. Finally in January/February of 2012 i had the full meeting with the Cafcass officer. The meeting went well, i had taken a family friend with me who was a magistrate and a mediator. when the meeting was over i was really pleased with the progress and the cafcass officer promised to arrange a meeting with the school and with me and the children. However this did not happen there was no meeting with the school and the no meeting with me and the children, he did however have a meeting with my ex new partner and in his report wrote a whole paragraph on this meeting. the rest of the report was a general run done of me. I showed this report to the family friend who attended the meeting and he was appalled. i must admit i did moan at the cafcass officer who was normally ill or on holiday. His was responce to my moaning was an email which said dont keep moaning at me remember who is writing your report!! end result of the whole situation was i didnt get to see my children and still dont now. My ex refuses any phone contact and her new partner likes to tell people that they are his children which i find most bizarre. moral of the story is that no matter how useless the Cafcass officer is and whether they follow there guide lines or not they always win. I have fought this case on my own and have been vocal however i have found that you cant beat the system as a father so dont let your solicitor drag you through every thing treat the Cafcass officer as some one who is important and who knows best as there may be a slight chance of getting to see your kids!!!
Loverman007 08/07/2012 at 1:02 pm
Both myself amd my EX Liz adopted this approach right from the outset of our split. It really works!!! in many ways, but not without the legal problems involved. Alex does have two homes and loves mummy and daddy equally and as so, he is a very balanced individual who is happy with our arrangement and looks forward to seeing both of us. We do 3 1/2 days a week each.

It is harder work than standard access, but the benefits outweigh the Cons:

1. Alex has continual stability
2. There are no fights or anamosity for him to see
3. As a father, I adore seeing him so often and it means he gets an equal input into his life from both parents. Best for everyone
4. We can help each other out. IE say his mother has a function to attend, we can juggle days easier to cater for it. This worked particually well when she got married a couple of weeks ago.

THE IS ONE MAJOR CON THOUGH:

our benefit system is not set out for this as it is archaic. As a result only ONE parent can be classed as the primary carer and thus meaning it causes problems with the financials. It is about time benefits could be split equally and both parents are equally recognised by benefit agencies as parents in our own rights. Child benefit is the key to all help when you have children and at this time only one carer can have it....but who is the primary carer in our case? we both do 3 1/2 days a week each!!! as a result it effects her new husbands CSA as i recieve the child benefit and my ex is no longer deemed a carer of her son!!! she recieves DLA and carers allowance and i get child tax credits and child benefits. Now there is a rift due to the fact CSA will not recognise our son in her new husbands CSA assessment as he has 2 kids from before as my EX is not deemed a mother and so he has to pay his ex a loy more ! its lunacy gone wrong!!!

We are fighting to stay amicable now!!!
jackie 25/06/2012 at 9:22 pm
My daughter and her husband are now seperated and she is trying her hardest to keep the contact going between her children and their father. BUT HE IS LETTING THEM DOWN LEFT RIGHT AND CENTRE. HE IS ALSO SLAGGING HER OFF INFRONT OF THEM AND EVEN TO THEM. THEY ARE 3 AND 22 MONTHES THE 3 YEAR OLD IS VERY FORWARD AND ALL THIS MESSING ABOUT BY HIM IS UPSETTING HER AT HOME AND AT NURSERY. I want to know how we can get through to him that his children need him and he needs to stop letting them down and bad mouthing their mother. she is getting to the point where she may try and stop him from seeing them untill he sorts his head out and settles down. what do poeple think is the best way of showing him much he is hurting his children ????
tezzadatemps 12/06/2012 at 12:07 pm
HI, I'm Currently not seeing my 1 yr old daughter at all at the moment because my ex has stopped this for an unknown reason. I was wondering what the chance's were of getting joint custody and would my past where I made mistakes make a difference?
cicero 04/06/2012 at 10:09 am
Hi, FedupDad - sorry I can't offer much assistance on the legally binding nature of what you had both agreed on shared residency. I am going through a residence / contact court process myself for my 2 years old daughter. Like you I was effectively the primary care-giver in the household for the first two years of my daughter growing up. I had started work in January 2012 in London an it was a week prior to this that my ex-wife prevented my daughter from returning to our house, after I had dropped her off to her extended family for a week holiday over Christmas. What is it that I need to show and 'prove' in terms of my care of my daughter and that I can manage without mother being around. Also does shared residence work because as parents you are both close by to each other? Any guidance and insight form your own experience will be greatly appreciated.
longhair 11/04/2012 at 8:19 pm
I have a joint residence(they stay with me 3.3 days per week!) order for both my children, and my ex partner has agreed that I can take my children to Spain for two weeks in the summer. My problem is that I want to apply for passports for my children, at my address because my ex has over the previous 3 years, let the children down, over Christmas arrangements, holidays, family occasions etc. can I apply for passports at my address, without my ex's permission? I appreciate any help or advise that anyone can offer.
Iain Foster 06/04/2012 at 6:23 pm
My ex likes a drink, though this didn't become apparent until after the birth of my two daughters. Spent every minute I could with them and was very involved from the word go but as things continued to slip, I told all to social services. I was told all the problems, hospital visits etc were historic ! Disheartened we just got on with it as best we could until again, things were brought to the attention of social workers. It was very very messy, the whole thing, so I won't depress everyone with the details but they asked me what I wanted to do. I said I wanted to take my wee girls and give them the childhood they were missing out on each day. They helped us move house and they now live with me in a clean and structured home. They almost instantly came on in leaps and bounds at school and continue to make me a very proud dad each parents evening. Were all really glad things ended the way they did but the antiquated laws that are in place presently, take no account of whats best for the children. My two were begging to move away from a very young age and I feel the system left them in limbo for a large part of their lives. Were the lucky ones though !
FedUpDad 12/03/2012 at 9:53 pm
I'm a father who has been separated from his ex partner now for almost 2 1/2 years. The relationship never really worked, and eventually we agreed to separate. This after she accused me of seeing someone else, when the reality was quite the opposite.

I was a good father, and far too lenient with her. I let her stay in my house for 2 months, on the basis that she should find somewhere to live (we lived close to her family, mine are 200 miles away). I suggested she move in with her mum whilst she find somewhere, and that our girls stay with me until she does so. They were 3 & 2 at the time.

Throughout the relationship, I was the primary carer. I would be up at 5:30 in the morning to sort them out, get breakfast, then go to work. Home at lunchtime (when possible), then back in the evening around 6pm. Then it was feed, bathe, and bed the girls, stay with them until 8:30-9pm as the littlest was problematic when settling, then come downstairs, cook myself something to eat, clean the kitchen, and eventually sit down to "chill out" at around 10:30-11pm. Then I would wake through the night for the littlest one, every time she woke for a feed, even if it wasn't "my turn". This was because the ex wouldn't ever wake up without me waking her, even if the little one was was screaming her head off. As you can imagine my body was living on very little, broken, sleep. This started from the moment she was born, until the time we split up. Over 2 years.

Now, we're 2 1/2 years down the line, I've met someone else, who I've been seeing for 8 1/2 months, and over the last 2 weeks, I felt it was the right time to introduce her to my girls. My girls who come to me every couple of days, and spend 1 week out of every 2 with me. My ex, has decided that this is not acceptable, as when we first broke up, and tried to establish patterns for the girls, we agreed that our time with the girls would be ours, and not spent with anyone else. She has had her partner spend plenty of time with her and the girls over the past 2 1/2 years. So once again, she threatens me with taking the girls away from me, and her having them full time. This is not the first time she's threatened this, and I'm sure it won't be the last. Don't get me wrong, there are longer periods of time when all is fine, and there's flexibility on both side, but she has threatened this a number of times, including once because she wanted me to pay more CSA!!!

I'd like to have our arrangements legally agreed, but I know the mother will be a real pain in the rear and make it incredibly difficult for me to do so. Any suggestions?
Geoff 09/03/2012 at 3:38 pm
I have fighted for my daughter who has just turned 11 today, I have gone from nothing to haveing PR, Shared Residence and contact order. My child is been abused at home and want to live with me full time as mum has no provisions in place for her and is an unstable mother who is unable to get out of bed during the day. She has had 8 kids to 4 different men and all have left and lived with the fathers. My daughter is been violated and avused by her 18 year old step sister who now herself has a baby and I want her out of that enviroment. I have applied to her secondry school as her mother has noty done so. She is going to move in with me and my family during the week and spend weekends with her mum as we can put provisions in for her education and welbeing,. She does not get fed at home, not bath, toothpaste clean clothes etc but social services seems to not to bother. When the mother know SS are going around she clean up and make thing okay. SS have been involved again as my child has reported this to school but ss dont seem to be that intersted and basically accuse her of lieing. I am going to see if the poloce can help me get her away from the violate situation. If youhave any ideas please let me know.Regards
binky 04/03/2012 at 10:16 pm
I am currently 31 weeks pregnant. Me and my partner have split. we are not married but live together. my ex partner has a doberman puppie who is very boystrous/disabediant and makes a lot of mess (poo/wee). I am in the process of moving out and we going to go our seperate ways. however he keeps on telling me he is going to fight all the way for this joint/shared custordy. With a newborn baby he is failing to realise that a newborn and probably up to 6 months the baby is going to need its mummy not just because i really want to breast feed... but to have structure and routine plus having to seperate from my new baby will just break my heart. not only that the dog will not understand because will not be a family unit and he will not be with the baby constanly and im very worried about the consequence of me not being around to supervise if he gets granted shared custody. not only that the person that will take my place in his home is a smoker and i know for a fact he will smoke in the house and this is all additional worries for me and a newborn baby . me and my ex partner's relationship failed because of him not being around for the dog as he works full time and we have different opinions in how to displine children, and whats inportant for them. i am very worried about what will happen and need some advice! please help...
Granty 17/02/2012 at 10:20 pm
My son lives with my ex he keeps telling me he is not happy he gets called fatty to his face and told to f.k off in his face by my ex partner when my ex partner is home my son is not aloud in the same room and told to stay out the way on the weekends I don't have him he tells me he does not go out with his friends as he is not aloud to he spends all his weekends with my ex in his room out the way he also says he's left alone in the morning for 2 hrs before school and 1 1/2 after school I find this upsetting as he is only 10 does anyone think I have enough grounds to get him to live with me ?
Jinder 27/01/2012 at 11:28 pm
HiMy husband want to divorce me but I do not want a divorce. I know I can't stop him. I'm a victim of domestic violence from last 7yrs. I love him with my wholeheart, but he can't forget her ex and after 2 weeks of marriage he started comparing me with her ex due to comparison our relation never got build up. We have 1 child 6yrs old. My husband is always threatening me that he will get the custody as he is financially sound and had his own house. We r leaving with his parents, he has bought a new house but had not taken me in his new house. No one is here from my side of family in this country. I had request him to have joint or shared custody but he say no he will have the full custody. He never let me take my son out. I had to ask him if I can't take him, he is moody most of the time he says no. My son is afraid of him, If I tell let's go to our temple my son says no mummy dad will be not happy and he will fight. My husband is very controlling. Pls advice me about my sons custody, I'm very afraid that my husband will get the full custody.
anth18 22/01/2012 at 7:50 pm
Hi I am in need of Some help. right ex ran of with another man. and moved out of the family home. left me to have the children and she was having them week ends. at the time. I changed tax credit into my name and child benefit. one weekend she sent me a txt saying that I was not having the children no more. I had no choice in going to court. at the minute we have week on week off. intil its all sorted in court. she text me saying that I should give her all the money which I get on the week when she has the children. I agree that I should give her some money but not all the money becuase I still have to pay for water, tv, buying them clothes ,school tuck. ect.so what do I do? does she have a right to all of the money or some of it for food ect.hope someone can help me.
Mila 09/01/2012 at 5:14 pm
Can our baby have british passport if we aren't british, im from Latvia, partner is Portuguese, we aren't maried, baby has father's surname on birth certificate, and we (parents) both live here in UK more than 5 years and we both have UK residence documentation for a national of an EEA state.
star 07/01/2012 at 7:52 pm
In the same boat as the rest of you currently share custody of 15 month old baby boy. ex has been trying to wind me up since I left him suffered mental abuse and violence while in marriage now found another person who I want to be with but ex isnt happy with that and now wants full custody which is unfair as I have kept to the arrangement dispite his taunts. Suffer from bad depression because of the abuse he says he will use that to prove im an unfit mother! Hes being very unfair to our son.
Devon 08/12/2011 at 11:13 pm
My son has arthritus and has been awarded a car on the motability scheme, I have my son 3 days a week and have to take him to hospital appointments over 100 miles away but my ex partner has insured her partner on the car. my car is unreliable and I am on a low income, am I right in thinking I should be able to use the car as the car is for my sons benefit
Lottie3 18/10/2011 at 3:01 pm
My ex and I split over 3 years ago, he now has more children but lives at his girlfriends mum's house. Our son doesn't have a bed to himself let alone his own room. I have no family around me as they all live close to london. My son's aloud to watch things on telly when at his dads that even I wouldn't watch! I need to move closer to family but that would take my son over 40miles away from his fathers home, and the last thing I want to do is stop him from seeing his dad. But at the same time the lack of a bed and being aloud to watch anything and everything when he's there worrys me. What do I do?? He was abusive to me when we were together and I always get ganged up on by his family so feel very much alone. Some one please help me. I just want whats best for my boy! :(
missgarside 03/10/2011 at 12:00 pm
Shared residency is not a good idea at all, cafcass have ruined my life since they gave my ex partner shared residency he constantly abuses it and there is nothing I can do about it. It's the kids who are suffering and my two oldest have gone to live with their dad due to him not disciplining them, it's is very open to abuse, sadly.
tig 30/09/2011 at 9:27 pm
Just like to say that I am in the same boat as "monkey" and I also don't understand the logic of having to pay csa. The worst bit is when you know that the mother is getting about £4000 per year family tax credit and child benifit of around £1000 and of course the csa money the mother gets and this is on top of her wage of around £15000 take home pay. which of course surpasses my take home pay by about £4000.
monkey 19/09/2011 at 7:40 am
I'm lucky enough to have my daughter as many nights as I can, i'll soon be swaping my shift patterns and i'll be able to have her overnight 6 months of the year, but when I looked on the csa website I'd still have to pay my ex £104 pounds a month and I was wondering why I'd have to pay anything as we'd have joint custody?
a.sch. 28/07/2011 at 9:43 pm
I share custody of my daughter with my ex husband which was good idea at the beginning until he got married and procreated 2 more kids and the wife started a campaign of mental abuse towards my 10 yr old daughter!! calling her names, shouting at her and you name it, I have spoken to my ex but does not believe me nor my daughter and he only thinks that little one is telling stories, my girl is going through depression and begs and cries for me to do something to bring her to leave with me and my husband for good... but with the share custody seems that everything is impossible specially when my ex keeps telling me that I will never gain full custody because I am a foreigner and if I try to do something he will take her away from me and I will be sent back to my country!!! I have been leaving here since 1996 and I have been bless with a fantastic Job and a Lovely Husband which happens to be English so I don't really understand how my ex husband can say that I will loose my daughter because I am a foreigner!! any way joint custody can be good but when you are going through some situation like mine seems that you are trapped and cannot see the light at the end of the tunnel!! because at the end of the day I am here to protect my daughter of any danger and I do believe that my ex's wife is capable of harming my daughter!!! is anybody I can talk to get some help???
a1Oscar 06/07/2011 at 12:17 am
I am fighting through the courts the chance just to see my only child my son
I do not have much money whereas my former wife gets legal aid she has made up allegations against me in order to stop my son seeing me. I could see him st a contact centre but that eas forced on her by the judge now she has even managed to stop that I don't have any funds to fight a legal case and. I have no legal help therefore please help
Haze 08/06/2011 at 12:53 am
I was brought up by my Mother on Social Security with little Father involvement.I am now 60 years old and nothing has changed children are very likely to pay the price for their parents failings.An automatic system should be brought in where the working parent has to pay from the time of the break up 10% of his or her wage to the daily parent, Infact this money could be taken from source. A minimum of a weekend every two weeks given to the non living in parent. If parents can not agree after six months to a system to share custody and control, it should then be imposed on both parties.Ist families should be given finanial precidence, if monies are not paid, they should be acrued as a debt and debt should not be wiped out by any law or any time restraint.Both parties made the child.Both parents should have to take responcibility wether or not they want to. If such an automatic system was to be used one parent would not be able to cut out the other. Walk away parents would not be able to do so. Children should have the right not to live in abject poverty, feeling emotionally negleted!
Chas 21/05/2011 at 12:20 pm
To read Alistair's comment, it heartens me to see that this type of arrangement is possible. My ex has constantly refused all but the most basic of contact. I've moved heaven and earth to set things up so that arrangements could be exactly like what Alistair describes but to only meet with wholesale resistence. I will keep trying however because otherwise, I feel that I am letting my little girl down if I don't. If anyone has any suggestions as to how spiteful/vindictive ex's and courts can be persuaded, I would welcome them.
Alastair Perkins 15/03/2011 at 12:52 pm
Our children enjoy a shared custody arrangement spending alternate weeks with me and their mother, we attend church as a family every Sunday spend family birthdays together. At Christmas we worked it so the boys had 2 Christmas days, one day with my ex and her partner at hers and 1 day with their mum and me at mine. We are going on a family holiday together as well. We also try and work our arrangement around each other, if I have to go away , we swap weeks. It means we both can get a break. Both our boys respect us, they are lucky they have 2 homes, 2 lots of toys and 2 loving parents. So yes shared custody works, as parents you have to forget any resentment grow up and realise the most important thing is the children. Its a shame the government and local authorities don't recognise equal custody arrangements.

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