Legal Question in Family Law in United Kingdom

me and my wife are seperated although still live close to each other, she has been in trouble with the law and faces the outcome of going to prison, as i work and do not really want to give up my job at the age of 35, my ex wife wants our children, who are 4 and 5 to live with her parents until she is realesed, i however feel they should live with me , i can provide love and support for them while still maintaing a job. she seems to be pressing ahead with this by means of a residency order although i have not been informed if an application has been made as i get very little information from her. My wife has only ever worked part time in the evenings while i only ever worked in the day and she is saying that this level of continous care would not be maintained should i choose to stay in work and take advantage of before and after school clubs, therefore they should live full time with her parents and i maintain the same access arangements as i currently do. as a loving and caring parent i feel the best place for my children, should their mother go away suddenly , would be with their father. who they have a normal and happy relationship with them. My question is how worried should i be that a court would rule in favour of a residency order for her parents. What would be the likly outcome.


Asked on 9/02/09, 6:17 pm

1 Answer from Attorneys

Andrew Dutton Legal -Zone

There is a strong presumption that children should best be brought up by their natural parents. Thus grandparents tend to be a last resort when it is not possible for a mother or father to bring up their child. That is the not the case here as you are available and willing to bring up the children. Accordingly there is no reason why a residence order should not be made in your favour.

You do however need proper advice and guidance and if we can provide this please let us know.

Andrew Dutton

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www.legal-zone.co.uk

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Answered on 9/04/09, 3:20 am


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