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Family Court & Residence Orders. Child Benefit/Child Tax Credit

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  • Family Court & Residence Orders. Child Benefit/Child Tax Credit

    Hi,
    I have been separated from my ex-partner of 18 years for a year now & we are still going through family court for residency orders for our four children.

    He is insisting that the children live with him in our jointly owned property, I was forced to leave as he wouldn't and it was a very abusive relationship.

    Back in October last year, the Court awarded me an extra day with my children as their Father was turning them against me. Taking the total contact days to 4 over-night stays with me. As I was only claiming JSA for myself at the time and feeding myself and the children with this every week, I was advised to apply for the Child Benefit and Child Tax Credits, which he had been claiming for the previous 6 months. That was back in November.

    I sent in the interim residence order to both the Child Benefits & Child Tax Credits as there was no way my ex-partner would come to an agreement with me. I was under the impression that the relevant agencies awarded it to parents fairly and shared, based on the number of hours per week each child spent with each parent. As this currently is myself, I felt this was fair and just.

    My eldest Son who is 14, has consistently stayed with his Father the whole time, I have only recently been seeing him for a few hours a week. I have only claimed for the younger 3 anyway.

    I have now been hit with a letter from his Solicitors demanding the benefits be given back to my ex, and they are claiming I am "financially abusing" the children.
    He, for some reason is only claiming DLA (PIP) from a motorbike accident he had 12 years ago, he is claiming he cannot work, although rides around our town quite blatantly on a Yamaha 1000cc sports bike. He is able to work, and our children have advised me that he has worked for people on occasions although this is probably cash-in-hand.

    My ex-partner keeps asking me to sign over my half of the house to him & also a trust fund I am signatory on. There is quite a lot of capital tied up in this.

    Cafcass have done a report, stating that the children would rather live with their Father in the family home & recommending the contact with me be cut down to every other weekend.

    I really have to rally this case right now, as we are in Court again this Wednesday for the judge to hear the cafcass officers recommendations. I do not want to lose ANY time with my children, although I would be prepared to share the benefits more evenly if what they are saying is true.

    I do not feel removing time is justified, as we both underwent hair strand drug & alcohol testing last year & both came back negative! I am a good parent with a good educational background and wonderful family support.

    Please, I could really do with some help on this, as I feel I am being backed into a corner & once days are removed from me I will find it hard to reverse the situation. I don't want to lose time with any of my children.

    Thank you.
    Tags: None

  • #2
    Re: Family Court & Residence Orders. Child Benefit/Child Tax Credit

    Hi I am new hear but like you have separated from my partner
    You did not say the age of your younger children with regards to the elder child he should be able to have a stay of where he wants to be and from experience they change there mind like the wind and it ends up who has most money wins

    My advice would be to get social services out of your life or cascaff same difference
    and try to resole it between your self
    one thing strikes me how can he be a disabled full time dad if he can do this job then he fit for work
    I would have a word with DWP asking the same question explaning the role he told the court he could do
    hope this helps
    Russell

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