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my wife recently walked out of the marital home and refuses to talk to me she recently phoned asking for my sons passport as she wishes to take him on holiday, i asked when she was taking him on holiday so i could sort something out during the remaining school holiday period to which the reply was speak to my solicitor which i did ( im still waiting) i have been looking through the site hoping to find answers to my questions. At this time i wish to no how do i the father request custody of my son who will be 14 on the 02032013. Secondly my daughter will be 20 on the 08032013 and is still doing a tec course at present, she has normally stayed at her grans because its closer to her friends but she has a room at home a key to the house and a vehicle to get about, my ex has requested maintenance for her, i dont mind helping my daughter out but legally how do i stand.
Can you clarify - does your son live with you, or did your ex take him with? Also, has he expressed any preference where he wants to live?
With regards to your daughter, as far as I am aware, child benefit will stop being paid when she hits 20, and at that time you will no longer be responsible for child maintenance.
If the kids are with you still in the marital home then its you that will be entiled to receive child benefit and maintenance, at least for your son. As actd says this stops when your oldest is 20.
As your son is 14 he will have a big say in where and with whom he wishes to live. If he wants to live with you and your wife disagrees then you could try mediation to try and sort it out. Heres a link ~ www.nfm.org.uk
If this fails then you would apply to the court for a Residency Order. If you go to the Legal Eagle section you will find a couple of stickys at the top of the page, the first is called the Contact Order C100 Guide, this is the form you would need to fill in and submit to court to apply for Residency, it costs £200. The other sticky is called A Guide to Representing Yourself in Court and has lots of useful information about the court process and how to prepare yourself. Of course you may decide to ask a solicitor to act for you but this will be very expensive!
my son is with his mother at the moment but has said he wishes to be with me, weather that is for my benefit i dont no
...yes its very confusing and upsetting for the kids no matter how amicable the split. They will often tell each parent what they think they want to hear. Mediation may be a way to help you all go forward and make the right decisions for the children. Good luck 🙂
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