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Divorce and Fathers rights

I was wondering if anyone here can recommend a lawyer/Adviser for a family member who has 2 kids and a cheating wife. Basically, he needs to talk to someone regarding rights and how he should proceed and protect himself. Any suggestions gratefully received.
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    Going through the same process I'm using Thomas Boyd & White bexleyheath opposite the old cyrisler garage that's now a gym, they are really good.
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    You could try Fathers for Justice who would be able to offer some advice, try your local Citizens advice or LBC Radio 97.3fm on a Monday evening at 9pm has a free legal adviser available who would be able to help.
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    Tread very carefully indeed, consider the kid's best interests not punishment for a cheating partner and be very sceptical about hiring family solicitors.

    All cases are different but sadly there is almost no such thing as "Father's rights" and a huge amount of money can be wasted finding that out. Most firms will give a free / low cost "initial consultation" which will give you the legal bad news but from that point forward consider mediation or if necessary representing yourself in court. F4J used to have lots of expertise within its ranks and there is lots of advice online.

    Also bear in mind that who is cheating or not cheating on who is completely irrelevant in the family courts and whatever route you choose (assuming mutual/amicable split is not possible) will be painful, expensive and probably take at least 2 years to get resolved.

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    my favourite subject...... trust me if it ends as bad as mine, theres a lonely life out there!!
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    God I'm glad I never had kids. Its making my life a million times easier during my divorce. I dread to think what I'd do if there were kids involved and she wanted to be awkward about anything.

    I think the advice about thinking of the children rather than punishment for the cheat is very sound indeed. Playing the 'better man' card now will surely be good for the kids, and serve for the good when they grow up later down the line.
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    Grumpy, who is cheating is irrelevant....as long as it's a woman who is cheating. But you are right about fathers rights being non existent.

    Also a word of warning about CAFCASS: don't expect much help from them. They will properly concentrate on what's in the children's best interests and are quite capable of deciding that not seeing their dad is ok.

    Best advice is to be nice to your wife because believe me, she hold all the aces and it can cost you a small fortune to find that out the hard way.
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    always put the kid(s) first, I'm divorced now but for the sake of our child everything was pretty amicable (well as amicable as a divorce can be)....difficult though it may seem now and however angry you are at your wife, try and put that anger aside and do what is best for your children.

    try to never argue in front of them and always be civil in front of them.

    we managed to work everything out between us and used an online divorce firm and came to an arrangement with regards to our daughter in that we have basically an equal 50/50 residency rights, it works well and our daughter is very happy and settled - if you can do this without involving costly lawyers then I'd strongly recommend trying this.

    best of luck
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    As Grumpy says, take advantage of the free hour that most places will give you.

    A couple of recommendations from personal experience. Do not use CWJ in Orpington. I cannot stress that enough. Absolutely fcuking hopeless, disorganised, incompetent and will cost you a fortune. I ended up doing a lot of the work for them.
    In contrast, my ex-wife's solictors Stanton's in Gravesend were bloody excellent and was giving me better advice than my own solicitors.

    Now matter how much he hates his cheating wife, he needs to try and keep his relationship with her as amicable as possible and it'll work out better in the long run. I'm fortunate that I get on better with my ex-wife now than I ever did. Dont get me wrong, part of me will always hate the b*tch for what she did to me and the financial struggle she's left me in but she's still the mother of my daughter and I have to look past that. I'm sure my relationship with my daughter is helped by the fact her parents can sit down together and be amicable.

    He doesnt need to go anywhere near FfJ.
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    edited July 2013
    I am in the middle (probably not literally) of a divorce. Technically no divorce price endings have started yet but strangely enough my situation is very different to most fathers. My wife, actually, wants to leave us both behind. She works in the City and doesn't want to give that up so she wants to move into a flat on her own so that she can carry on her affair without having to keep making excuses to me about where she is etc. but there is no room in her life for our son.

    Needless to say he is not aware of her intentions, although he does know that we will be living in separate houses and he will be living with me.

    Thus I will be looking at this for another angle. I will be looking, in due course, into the way the courts and/the CSA will aware me a chunk of her salary for maintenance payments. I'm not particularly looking for her money, but I think she needs to have some concept of the price of 'freedom', but more importantly the cost of deserting her son.

    She, currently, seems to think that when the house is sold she will walk away with thousands of pounds and will start a new life with lots of money, lots of time, and with me as free child care while she enjoys her freedom and she will be able to swan in and out picking up our son for a day out a couple of times a month and taking him out and spoiling him believing that this is adequate parenting.

    I feel sorry for Fathers that don't see their children but I find the behaviour of their ex-wives (stopping their children from seeing their dads) just as strange as that of my wife in deciding that she no longer wants to live with her's any more.
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    I went through it a few years ago . Check with your friend that he has joint parental responsibility . Basically if the child was born after Nov 2003 and he was there when the birth was registered then he has it . It does count a little bit . Best thing to do is to try and negotiate with the other party as going to solicitors costs a fortune . I just finished paying miine and I have been paying £100 a month. Good idea to try and sort out the financials as well . Plus as soon as he is divorced or separated he wants to disassociate financial from that person they could have bad credit history . If you need any more advice feel free to pm me or re post here.
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    One thing to remember the courts do not give a toss who cheated a family court is not a court of morality!
    Pick your battles within the procedure ie if she wants the 3 piece suite let her have it,
    Also there is no such thing as custody they just try to find a balance however as a fella your starting point is 70/30 against
    It's a long hard road but if you are both grown up it can be a little easier !
    Do not use the kids as pawns! They don't deserve it.
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    masicat said:

    I was wondering if anyone here can recommend a lawyer/Adviser for a family member who has 2 kids and a cheating wife. Basically, he needs to talk to someone regarding rights and how he should proceed and protect himself. Any suggestions gratefully received.

    I know a good family solicitor that I studied with. Inbox if interested. You'll be ok mate and can rebuild your life.
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    What are Father's Rights in the UK?

    Basically there are no minimum/established rights for father's that are set out in law that offer legally binding guarantees.

    There is such a thing as parental responsibility though and you should google for a "Parental Responsibility Agreement" form. However this needs to be signed by both parents - but if the other half doesn't sign it a court order can be granted that mandates visiting hours/times and input into key decisions such as medical treatment, education etc. How much the judge gives depends on the individual case and circumstances.
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    My advice is dont go to solicitors they cost a fortune i got divorced in 1999 and they were £125 an hour plus VAT then. My bill was over 7k.

    Try and do mediation and there have been some great posts on here already. As others have said try and get on with your ex as believe me when a woman really loves you they love you when they dont, look out.

    Remember whats theirs is theirs and whats yours is half theirs. I got 27.3% of our assets and she got the rest. I.e I had to leave the home and she got it, and 6 months after i left the other fella moved in (thats after i put a co-habitation agreement in for 6 months after the divorce.

    I know you wont believe it now, but one day you will look back on it and think what the hell was i worried about. If you have too, walk away with your head high and do the best for your children. As others have said the courts decide the right of the kids there not wooried about where you will live from now on.
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    What's a co-habitation agreement
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    I got divorced 2 years ago and all I can say is that my kids come before my happiness - its best that they see you & your ex as friends and try not to argue/shout/throw things in front of the children.

    I still haven't sorted out the financial stuff with my ex-wife..........she & the 3 kids still live in the family home & I live in a 1 bed flat, even though the house & mortgage is mine. Neither of us are trying to "screw" the other & just trying to get on with our lives the best we can. Nothing can change the fact you have had children together & both of you will be in their lives for ever - best to get along best you can from day one & give your kids the best upbringing you can.
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    Sad to say a legally binding court agreement is pretty much worthless as well.

    I had to go to court for access (£200 cost to me) after she stopped me seeing my kids for over 4 months. (2 months of which were waiting for the court date). I won the case.

    So she played ball for a few months then after moving from Catford to North Harrow (without telling me) decided she couldnt be bothered to travel across London to bring my kids to me as per the agreement. This again went on for months. She breached the court order 25+ times.

    When we finally got back to court for my enforcement of the order (I had to pay the £200 again) , the judge decided rather than punish her, or even reprimand her, he would reward her with no longer having to bring the children to me or pick them up.

    Result is now I have them every other weekend. 8 hours of which I spend travelling from where I live and back to pick them up. That sums up family court justice for fathers in this country.

    That is fathers rights for you. We don't have any. Judges have no interest in the past, they are only interested in the future. That future means fortnightly access, and no interest in reprimanding or punishing mothers who decide once again they wont let their children see their father.

    I give it a couple more months and I suspect I'll be back in the same place again. This time round I have no idea what I'll do, because going to court has had no benefit to me at all.

    Best advice I can give, even if your ex is a horrible piece of work like my ex has turned out to be, do your upmost to keep things on good terms. Because the second she decides to mess you about with the kids there will be nothing you can do about it.
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    I very rarely post here, more a reader from afar but thought I would comment on this. I would agree with BlackheathAddick that as long as the mother is mentally healthy and wants to play a part in a child's life it would take exceptional circumstances for a court to award in favour of the father. It's ludicrous that a mother can make a choice that is clearly not in the child's interest, but because it is the mother that makes this choice, and the mother is traditionally seen as the closest parent to a child that courts are very reluctant to award in favour of the father.

    I thought I had a relatively tight case against my ex but was told by the court that I was wasting their time etc by being objectionable. Incidentally everything I objected about in court is now coming true and the ex is using those objections as a basis of changing everything again. It cost me £21k in all to not get the outcome I wanted but I know I can look my daughter in the eye when she grows up and tell her how I fought for what I believed to be in her best interests, not mine.

    Don't be put off though but please, be realistic.
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    masicat said:

    I was wondering if anyone here can recommend a lawyer/Adviser for a family member who has 2 kids and a cheating wife. Basically, he needs to talk to someone regarding rights and how he should proceed and protect himself. Any suggestions gratefully received.

    www.terry.co.uk. I used this chap for my divorce, he's fierce when it comes to representing fellas, as straight talking as they come. He's email only, he represents a lot of ex-pats, but he did a good job for me. No kids involved then though.

    The court will be more than interested in securing access for the father if he's genuine about it, but they will encourage him to talk to his wife and sort it between them, or use mediation - and that's good advice, because a divorce can all become very messy very quickly however well-intentioned the two parties. He should probably recognise though that the court will almost certainly award residency to the mother, but won't vary from joint custody unless there's very good reason. This gives him some say in their future, at least.
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    Remember that it is financially better for solicitors to keep the situation dragging on for as long as possible. In the end I despensed with the solicitors and represented myself. I wasn't married, but did have t 2 kids and a house to sort.
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    edited July 2013
    Does Masicat even remember that he's made this post?
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    I agree that fathers have very little say in how much they see their kids after divorce but they also don't have the same stigma. Fathers 'move out' Mothers'desert their children'.

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    DRF said:

    I agree that fathers have very little say in how much they see their kids after divorce but they also don't have the same stigma. Fathers 'move out' Mothers'desert their children'.

    I'd rather have an unpleasant tag and see my kids more, thanks.
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    Curb_It said:

    Does Masicat even remember that he's made this post?

    Not sure what you mean by that? I always come back on and thank those who have advised, and I will do on here. To be honest, I'm handling my Father affairs following his recent death, trying to emotionally support my son, organise a charity football match for my mate who recently passed away and run a business with 50 staff. I have checked in regularly and have contacted Thomas Boyd recommended by Smiffyboy and Terry and Co recommended by rikofold.

    So, as asked, what do you mean ? I will be thanking those who have advised and updating in due course.
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    So as you ask, I mean you hadnt come back on to this thread after asking advice, two days ago. Bit touchy!! but thanks for the info.



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    edited July 2013
    I had been back on many times since posting. I have also been acting on the advice and passing it on. The Lady at the Bexleyheath solicitor recommended is on holiday until mid August, and Terry's are going to email me later today. The post I put on stimulated a discussion that I have been following with interest. Am I a bit touchy? You bet I am. I still miss your point which I did take exception to.
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    Children's Legal Centre can provide some useful information - they try to focus on the children.
    When it comes to court you need very deep pockets. It's difficult to enforce anything if the mother doesn't want to play ball.
    Best hope is to keep on good terms with your ex.
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    I'm going to court next Thursday its cost me £3500 to do this but my solicitor is a lady that is very fierce and scares the life out of me but she reckons she's got such a case and how good she is that she will get my wife out the house and me back in it with my children
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    smiffyboy said:

    I'm going to court next Thursday its cost me £3500 to do this but my solicitor is a lady that is very fierce and scares the life out of me but she reckons she's got such a case and how good she is that she will get my wife out the house and me back in it with my children

    Is that from Thomas Boyd?
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    Not suitable to see my own son but ok to foster...FATHERS DON'T HAVE RIGHTS!
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