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My wife and I separated a year ago and we have 2 children,

1 of which is 5...
My wife and I separated a year ago and we have 2 children, 1 of which is 5 years old and autistic. The eldest child is 8 years old and currently lives with me and the youngest with their mother. We came to this current arrangement through mediation and a written document was provided for the arrangements. The documents state that the arrangements can be subject to change.

We both think that both children should live together but we cannot agree who this perminant residency will be with. I would like to apply for a divorce and custody of both my children.

Both of us receive child benefit and child tax credits for each child, and housing and council tax benefits as we both are full time students. I need to know where I legally stand as I already have one of my children living with me.

There are some serious concerns that I would like to put forward about my wife with regards XXXXX XXXXX life style, in particular her consumption of alcohol, financial abuse of money she receives for our autistic child and in particular she was recently charged with animal neglect by the RSPCA which had a very negative effect on the children. How do I approach this? and how significant are these factors in a case like this, am I to correctly understand that a case such as this will be judged on merit at the final hearing?

Obviously this is all very raw and I feel totally in the dark about the process of this, a brief rundown of what I can expect would be most useful and help me sleep a little until an appointment with a solicitor can be attended.

many thanks
Gavin
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Answered in 10 hours by:
6/27/2010
jusleen
jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience: Qualified Family Solicitor practising family law since 1999. Member of resolution.
Verified
Hi does your wife consume alcohol
whilst the children are in her care? The animal neglect offence can you give some more background to this and how this affected the children? Have social services ever been involved, have the excessive alcohol consumption issue ever been documented for instance GP?
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Customer reply replied 8 years ago
<p>hi,</p><p>my wife does drink while she has the children but it has never been documented with a gp or 3rd party, however i have some revent evidence from face book to support my claims. i have recorded information from face book to prove she drinks while kids are in care. my wife is currently waiting to hear from the rspca in respect of the charges against her of animal neglect. She kept chickens which were subjected to poor hygiene stands for example, not cleaning them out for 3 months before they were taken away. she left a dead chicken in cage for 5 days while the other chicken was in there with it with no water. following the rspca visit she got rid of the dog that she had bought for the boys to benefit them both in the first place 3 days later, following public humilliation with the police and rspca at her house, and the notice that was attached to her door. previous to rehoming the dog she consistantly left the dog at home to foul indoors and be left unattended for long periods of time so that she could go out for the weekend. obviously the boys miss the dog as they had become very attached to it especially my youngest autisic son, and my my eldest have expressed upset about this to me. my boys have wittnessed all of this and its unacceptable and irresponsible to teach any child mistreatment of animals. this is negative behaviour for my children as it will not teach them respect for animals as the grow up</p>
Hi from what you state there are definitely concerns about the mothers care of the children which include her alcohol consumption and her basic level of care including the hygiene issues. There are dead livestock which no doubt carry a risk of disease around young children as well as the worrying behaviour around the dog, it may be that this neglect has happened as she has been getting drunk and things have slipped. In any event these need to be addressed. The court can order mum to take a laboratory test to get to the bottom of her drinking. The court would also require her to explain your other concerns. The court look at the best interests of the children, from what you say your younger child living with mum may not be in his best interests.

I hope this assists. Please click the accept button.

Kind regards

Jusleen
jusleen
jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience: Qualified Family Solicitor practising family law since 1999. Member of resolution.
Verified
jusleen and 87 other UK Family Law Specialists are ready to help you
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Customer reply replied 8 years ago
how on earth do i leave feedback on this site???
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