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Hi
I was given a care arrangement order in court for my 2 daughters and 1 son, their mother left us and ended up with a lets say undesirable, her new partner was in court 1 month before us and was given a 8 year jail sentence he must serve 4 years.
since he has gone away she wants benefits but I have the child benefit, she knows it unlocks benefits and is now pushing for the child benefit. we are 50/50 shared care because I allowed it in court, I could have given her less.
how likely is she to get child benefit?
I want to keep it and the child maintenance because when he comes out of prison I don't want him around my children as his crime was GBH, and I have a feeling the children will be in my care full time as she is waiting for him so obviously I don't want them near a man like this.
any help? thank you
Hi Carlos,
I don't believe she can get the child benefit away from you. You just have to stand your ground and not give in.
Having a conviction myself I'm not sure I totally agree with your views on keeping kids away just because someone has a conviction for GBH etc. I feel this should always be based on the person and in this case you are in the best place to decide.
However keep in mind that 4 yrs in prison is a long period of time. Your ex may decide not to wait for him or the guy may rehabilitate to a level that there is no risk to your children etc. If you maintain your view as it stands then there is a risk that you strengthen your exes hand especially if she and he convince Cafcass and the courts of his rehabilitation and you would then come across as some one who is irrationally over protective and thus impact your own reputation with Cafcass and the courts.
This is just my opinion and I could be wrong but it's an area I have unfortunately experienced and am trying to progress forward with my own life.
All the best.
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