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I am taking my ex to court as she has stopped all contact between me and my children, I have found out she is comitting benefit fraud could I am going for residency, will this help my case? Thanks. X
Highly unlikely!.... unless she has been committed to court to face criminal charges and even then it's debatable.
My son has residency of his son and is going through court at the moment to vary the mothers contact, she is going through court for cultivation and supply and stealing electricity...it didn't make any difference, the judge still awarded her overnight contact even though we stated that it would be disruptive for the boy if he started overnight stays and then she was given a custodial sentence....the judge didn't agree!
Had it been the father in court facing these charges though it would be a very different matter!
ok you say its highly unlikely however once she is caught and starts to face interviewing and regular visits for local authorities etc this will have an impact on not only my children but her life, she will become stressed and potentially cause harm to the children. (there are signs of abuse)(unable to be proven in court) and her and her partner have had to sign an agreement with social services to say that no more physical violence will be used to alter my childrens behaviour. so you don't think the stress of the fraud investigation would have an impact on their lives? thank you so much for your previous statement and hope everything goes well for you in the future.
This is only my opinion...if she's caught she may not be charged, if she is charged then the local authority aren't really involved except if the judge requests social reports. If social services don't consider there are serious enough safeguarding issues then that's likely to be reflected in any reports they are asked to do for court.
It's impossible to second guess outcomes, you might be lucky and get a judge that considers it serious enough to warrant acting on it.
Good luck
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