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Hi
My wife left me in october and moved into to our house that is in joint names,( we each pay the morgage), once our tennants left. She met someone 2 months ago, recently he has been staying at the house quite alot. What & when does the law consider co habitation.
I feel that my 3 children are coming second to my ex's relationship. My son asked me why mums boyfriend was in her bed, i spoke to her & said that should should discuss this with him & my other 2 children prior to the event.
I was today told that last night her & her boyfriend went to the pub & left my 13 year old daughter in charge of my 11 yr old son & 6 yr old daughter. This isnt the first time that my kids have been left home alone.
She has previously threatened to reduce access, as the kids were upset & missed me. I still have the text.
She has also threatened to change their schools. She had places for them at new schools on the friday, was intending to tell them on the saturday & they would start the new school on the monday. It was only me putting my foot down, paying all, the travel costs & speaking to the kids about it that stopped her doing it.
I am concerned for my kids.
Many thanks
Paul
Hi Paul and welcome
Can you confirm that you don't have a solicitor acting for you - if that's the case, we can ask the Children's Legal Centre for advice.
Hi Paul
With regards to child and family law there is not really an exact legal definition of cohabitation and also this will not affect your legal rights regarding your 3 children.
With regards to your 13 year old daughter been left in charge of your two younger children there is not an exact law that prohibits this, however our own guidance would suggest that this is not appropriate we would suggest a child should only be allowed to child mind from the age of 16. You may wish to consider contacting the NSPCC for their guidance on when children should be left alone as that is the most commonly followed guidance. If you feel this is happening on a regular basis and your children’s welfare is at risk you may wish to contact Social Services and make them aware of the situation.
Any decisions regarding a change in your children’s school should be taken by both you and the mother. You both have Parental Responsibility, as such you both have an equal say in decisions regarding you children’s education. If the mother continues to insist on trying to change their school you can apply to court for a Specific Issue Order that would set out where the children are to attend school and would be legally binding on the mother. To do this you would have to fill in and file form C100 with the court. There is a fee of around £200 for filing form C100. The form can be obtained from the local County Court or Family Proceedings Court, or online at www.justice.gov.uk. It should be lodged at the Family Proceedings Court most local to where your children live. Guidance on filling in this form can be found on the same website in the leaflets CB1 and CB3. In deciding whether to grant a Specific Issue Order the court will consider the welfare checklist;
• Wishes and feelings of the child (weight given to these feelings depends on the age of the child, more weight being given to a child over the age of 11).
• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs.
There is no set time period for how long these proceedings may take.
As for your concerns regarding access to your children the situation will differ depending on whether there is a Contact Order in place. If you need anymore advice regarding this we would require more details, please do not hesitate to contact us. Our advice line phone service on 0808 802008 is available Mon-Fri between 8:00-20:00, and our online web chat service at www.childrenslegalcentre.com is available Mon-Fri between 09:00-18:00.
Yours Sincerely
CORAM Children’s Legal Centre
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