DAD.info
2 homes, one priority: your child - Join the free Parenting After Separation course
Forum - Ask questions. Get answers.
2 homes, one priority: your child - Join the free Parenting After Separation course
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Children's act, occ...
 
Notifications
Clear all

[Solved] Children's act, occupancy and joint care


Posts: 2
Registered
Topic starter
(@neilp)
New Member
Joined: 12 years ago

We separated a year ago, I left the house and we still co-own the house. I have a declaration of trust which gives us equal shares in the property, My ex insists that she has right of occupancy under the children's act until the children reach the age of majority. However we have a joint responsibility order so have equal responsibility for the children (although they are with me for average 3 days per week). There is a sizeable difference in the borrowing potential of my ex and me. We were in court yesterday for directions and the judge said that the chances are she would get occupancy for the next 15 years, moreover I would have to pay both sides costs.

My question is how joint responsibility interacts with occupancy? What is it in the law that gives her the right to claim occupancy with the children when she could afford to buy another house. Why do her rights outweigh mine?

2 Replies
2 Replies
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

It may be worth having a word with the Citizens Advice Bureau - it's not something the Childrens Legal Centre would advise on.

Reply
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi there 🙂

Some solicitors offer a free half an hour consultation, it might be a good idea to take advantage of that and get some legally based advice.

Reply
Share:

Pin It on Pinterest