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What age do I legally have to let my child stay overnight at her dads? LocalSolicitors.com

What age do I legally have to let my child stay overnight at her dads? 



Hello and thank you for your question.



We are sorry to hear about the difficulties you are going through. Unfortunately, we are unable to provide precise legal advice without knowing all the necessary information and can only give you some preliminary advice based solely on the information you have written in your question.



In respect of your children, if your husband is not currently paying child maintenance you can contact the Child Maintenance Service who should be able to help you in arranging for him to start paying towards the children.



In respect of the property, you and your husband could attend mediation to try and reach an agreement as to the property (and any other assets if applicable) as well as the arrangements for the children. This would involve an independent 3rd party who would help you in negotiating and reaching an agreement. Just to note, it is mandatory as an Applicant to attend mediation but if your husband refuses to attend, you will not be barred from making an application to the court.



If mediation is not successful, you may apply to the court for a financial order. However, attendance at mediation is almost always needed before such an application can be made to the court. Also, you would usually need to initiate divorce proceedings before an application for a financial order can be made.



A financial order would deal with what should happen to the property and to any other matrimonial assets that you and your husband have. In deciding what the financial order should be, the court would take into account a wide range of factors with the paramount consideration being given to the children of the family. The factors are listed in s25 of the Matrimonial Causes Act 1973 if you wish to have a look at them.



As we are not Legal Aid solicitors, we are unable to advise on your eligibility for Legal Aid. However, it may be useful for you to make enquiries as to whether you may be entitled to Legal Aid as this could help you with funding.



Should you wish to discuss this further please do not hesitate to contact us on 02039599123 [tel:02079369960] or by email : OTSsolicitors.co.uk [http://otssolicitors.co.uk/]].

Separated from my husband and unsure what I am entitled to for the children & the house we own

Hello and thank you for your enquiry.

We can definitely help you with this matter. If you do not agree to a house sale or to pay your husband then your husband would have to refer the matter to the Courts to force a sale or obtain payment from you, and in doing so he would need to establish that he has an 'interest' in the property because it is in your sole name.

We would need to discuss your matter in much more detail to be able to confirm exactly how we can help. We will consider all possible options to resolve and finalise your matrimonial finances as a whole, which will include addressing what is to happen with the house.

We would be happy to discuss the matter with you over the telephone initially to see how we can best help, with a view to providing you with further advice from there. Please feel free to contact either myself or my colleague Antoinette Nasilele on 0121 746 3002 and we will do all we can to assist.



Kind regards

Greg Bowyer

Solicitor

Ellis Hass & Co Solicitors

I've been divorced nearly 5 years now. I had my home before I got wed but ex husband wants half the house.

What age do I legally have to let my child stay overnight at her dads?

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