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jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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hello, my wife has/is having an affair. She wants me to move

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hello, my wife has/is having an affair. She wants me to move out & she will have the kids (6 & 10). Im devastasted that she has done this yet she retains living in the house with the kids. If I refuse, she says she will take the kids with her elswhere (though she accont afford anything, I am the the provider. Can she do this..? Is this not abduction from there home..?? Where do I stand.. Please help..


Also, if I divorce her on grounds of adultery, do I have any more chance of getting joint costody of the kids & also not paying top rate child support. I have no issue providing for my kids, I do have a major issue in providing for my so called wife when she leaves me & continues with her affair with someone who has little money.

jusleen : Hi if you are not happy for the children to leave you could apply for a residence order so the children stay with you. The fact that the mother has committed adultery would not sway the court as to where the children should stay. The court look at which parent is able to provide for the children's emotional and physical needs. It all depends on what arrangements mum intends to put in place to look after the children. However in the interim you could secure the children remain with you. If you wish to pursue such an application you could contact a solicitor who specialises in family law in your area by going to I hope this assists. However if you require any further clarification I am happy to assist further. Kind regards Jusleen

Jusleen, thank you. From a legal perspective should I stay in the house, will this assist me if I move forward with filing for divorce within 6 months of the affair..?


Or does it make little difference who stays or who goes at this stage - to the case overall.


May I also ask if significant mobile phone records over period of months & details of vast amount of calls, txts, will be good evidence for affair..?

jusleen : Hi in terms of the children's case you may wish to consider remaining in the property. Your wife may choose to remain in the house seeking you leave as well if proceedings are issued. The court would also consider the children's views even though would not be bound by them as the girls are too young to vote on their feet. However along with other other matters the children's views can assist the court in making decisions. It all depends on what move your wife decides to take. You could seek residence in the interim on the basis she has indicated she will leave with the children and has no proper arrangements in place and they will be disadvantaged by moving as they have all ties at home for instance their own home, friends school etc.
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