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I have been separated from my children's mum over 6 years. Things these days are most as hostile as initially were. I have just heard my son say he'd rather live with me than their mum, as she doesen't want to spend time with them. So i said to them both (As i have 2 children) if the opportinity arose, would they like to live with me. and they both said yes.
So now, im thinking if that could be possible. It would mean giving up my job. Finding a place close to where they already live, for school runs, with their friends etc.
Is there any help legal i can get with this? If this was to happen, would i get the same options as their mum when it comes to Government payments? Would me ex need to pay me maintenance?
I would like to give my children the opportunity. It just looks a mine fiels to get their!
Any advice would be grateful.
Hi Abbeyroad,
Sorry I don't have an answer for you, but maybe it is worth doing your post again and putting it in the forum section called Legal Eagle
One thought I have is that once children become quite old (perhaps 13-ish) their opinions and input are listened to. When children are quite young I don't think their opinion is seen as having the same weight.
I hope things go well for you.
/mrorange
Hi Abbeyroad
What you are suggesting is possible, but unless there is a very good reason for a judge to grant residence to you (and your sons saying they'd like to move isn't likely to be sufficient reason) I would say that you are extremely unlikely to succeed in gaining residency - there don't seem to be any significant welfare issues from what you have said.
To answer the second question, if the children were living with you, then you would be entitled to receive child benefit and your ex would be liable to pay you maintenance - for 2 children, it would be 20% of her takehome pay. I'm not sure about other benefits as the government is clamping down on all sorts as far as I can see.
You are also in a precarious position if you put yourself out of work - the legal process could be a long one and it can take a long time to get the legal certificate to get legal assistance (and by the time you do get it, it may have been withdrawn anyway as child custody cases will soon no longer be eligible) so you're best bet would be to self represent, which you can do while you are working anyway.
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