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[Solved] lost residency


Posts: 9
Registered
Topic starter
(@clark007)
Active Member
Joined: 12 years ago

Hi all,until this thurs,i have had residency of my 2 boys 3 and 6,i have had residency for over 2 yrs.
reason,my ex was a bit of a drinker,and decided to become a prostitute,this thurs it went to joint custody,i am gutted. 19 times i have been in court,the last 6 i have represented myself,my ex has been claiming legal aid £36.000 i have proof that she has been working every week during the last 2 yrs she has been claiming,i find it obscene that the family court is not interested,yeh ok they are not interested in what anyone does for a living,but surely its fraud. i have no spare money,i spent £14.000 on legal fees she has spent nothing,i believe if i had had money i would still have full residency, moneys not everything...... yeh right WHAT CAN I DO thank you

8 Replies
8 Replies
Registered
(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Aren't there specific benefit fraud agencies about this?

If she is still demonstrating this behaviour you should be entitled to highlight these concerns in the interests of minimising harm to your kids.

When are you next in court?

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi there Clark,

By joint custody do you mean shared residency?

Who claims the child benefit and have the children actually been removed from your home and placed with the mother.?

The trouble is the family court is Civil and doesn't concern itself with criminality. If you have proof of fraud then as its the legal aid commission she has defrauded, it is them you need to contact. Also there seems to be benefit fraud, there's a benefit fraud hotline you can use to report this. I. Believe even prostitutes have to pay tax on their earnings, so she may well have defrauded the taxman too.

Apparently a lot of judges are favouring shared residency orders as it doesn't give one parent more rights than the other, in theory that is! It's supposed to make you both feel equal and it relies more on both parents reaching agreements on contact etc between themselves. The trouble with that is, if both parents were able to negotiate and reach agreements over their children then they wouldn't be applying to the courts for help! Usually when parents have reached the point of going to court the relationship between them has already broken down!

If its shared residency you have now but the children's main home is still with you, then things shouldn't change too much. I would let things settle down and see how it goes. If on the other hand if the children's main home has been changed then you can appeal the decision of the court, I believe you have 21 days to do this.

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(@clark007)
Joined: 12 years ago

Active Member
Posts: 9

Thank you,i have been claiming the child benefit,now though i'm not sure.i have had residency for over 2 years,but now its on a 28 day cycle
4 mum 5 dad ,,, 5 mum 4 dad,,, 5 mum 5 dad,,, equal nights equal residency. no more going to court.

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Registered
(@clark007)
Joined: 12 years ago

Active Member
Posts: 9

Thank you,i have been claiming the child benefit,now though i'm not sure.i have had residency for over 2 years,but now its on a 28 day cycle
4 mum 5 dad ,,, 5 mum 4 dad,,, 5 mum 5 dad,,, equal nights equal residency. no more going to court.

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Registered
(@clark007)
Joined: 12 years ago

Active Member
Posts: 9

Oh the judge said she is not interested in what my ex does for a living even prostitution. i have given up my work everything to look after and give my boys stability,now she has shared residency,she has said in court over and over she is unemployed and not working at all,even when i showed proof to the court,they took no notice,just cannot be right

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I've head it all now...our family law courts go from one extreme to the other! I really don't understand how this method of shared residency can offer any stability to the children.

I really don't know what to suggest, I want to say that I think you should appeal, but I just don't know enough to feel comfortable advising you on further action. You could try the Coram Childrens Legal Centre, there's a link to their website at the bottom of the page. They can give you legal advice and will be able to talk to you about the appeal process and other legal questions you may have. I will ask the moderators to ask them to come and comment here but if you can't wait then go to their website, they have a free phone number and webchat.

Does the mother have a good relationship with the children? Is her accommodation suitable, do the children have their own room and has there been any safeguarding issues with the mother? It's very difficult to advise you, not knowing your case at all. Obviously if you have been to court 19 times, that suggests that your case is a complex one.

Here's a couple of links to possible legal assistance... Although to appeal you have a limited timeframe, the first link does offer some information about the appeal process. The second link is to a probono scheme, you can't go to them directly, you need to be referred to them, but there is a list of people/organisations that are accepted as a route to their service.

www.rcjadvice.org.uk

www.barprobono.org.uk

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(@clark007)
Joined: 12 years ago

Active Member
Posts: 9

Your a star,thank you.my name is chris,she has an ok relationship with the boys,she lived 50 miles away until recently where now she has a rented house,6 months lease,no safeguarding issues, 15 mths ago she was convicted for managing and running a brothel and money laundering.she went to work again straight away after coviction and i have lots of proof,she got a 6 mths suspended sentence for offence.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I know it's little consolation, but at least you know the boys will be ok with her. Are you going to be able to have indirect contact with them whilst they spend a month with her? Little ones need consistency and routine, and I can't see how this arrangement provides this. This kind of arrangement is more usual when children are older, a lot older, and have the capacity to understand what is happening...Your children are too young for this in my opinion.they are going to be in a continual state of flux and this could result in separation anxiety. I feel for you and the boys...

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