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Hi
I was hoping for a bit of advice. Without boring you with too many details my 3 children live primarily with their mother though I have them 2.5 days per week. Due to some issues at home social services have approached me today to ask if I would consider switching the arrangement round so that I am the primary caregiver as my ex does not appear to be coping very well at present. Obviously the priority is the care of my children and I am keeping them here for at least the next week while we look at how best to deal with some issues with their home life. My question however is how I would go about changing the custody arrangement legally to ensure that I am no longer liable for child support and can claim the appropriate benefits etc.
I've tried a few internet searches but most of the information is US based so if anyone can offer any advice or point me in the direction of a useful site then I'd really appreciate it. My head is absolutely battered, thankfully my parter is being really supportive but we've no experience with this and have no idea where to go from here albeit we do have a meeting with Social Services on Monday - again not something I've ever experienced and I'd like to have a better understanding about how it all works in advance.
Thanks
Dave
Hi Dave,
Have overlooked this post.
I'd be a little reluctant to make the full info post as to be honest i'd rather be given a hint or be told what "issues" at home have resulted in SS becoming involved.
In general though, you would need to submit a Residence Application to the Court local to your children. This will then come before an Initial Hearing and matters can be brought to light and most often will result in numerous hearings to establish XYZ before an Order is made.
Can i just ask a blunt question and its one that could likely crop up in any hearings... is there something about this in your claiming for residence as you are looking to reduce your costs (maintenance) or gain extra's in terms of Benefits?
Hi Dave,
I appreciate that this must be a tough time for your children and you're absolutely right that they must come first. Have Social Services given any indication as to whether they see this being a short or long term arrangement?
As Yoji has already stated you would need to obtain a residency order to have 'official' custody of your children. It will take around six weeks from the point of application to your first court date, but you would need further court dates and various reports before full residency would be granted. I would think that you should be looking for an interim order initially, but without knowing further information it is difficult to advise you on how to proceed.
Social services may be able to offer some advice, but I would give the Children's Legal Centre (CLC) a call. They offer free legal advice for those without legal representation and there's a link to their website below. They may be able to assist you with what to do about benefits and maintanence payments, but if they can't perhaps try the Family Matters Institute or Child Maintanence Options? Again there are links at the foot of the page that will take you directly to their respective websites 🙂
Please let us know how you get on!
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