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    I recently have been unfairly charged by the police for allegedly assaulting my wife. The charges are ludicrous. But I have been excluded from the matrimonial home pending the hearing of the charges. The children live at home with her. Does this mean she now has custody of them?
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    Absolutely not. However, it does put you in a very disadvantageous position since on a day to day basis the children appear to be living with them in the home where they have been normally residing. It is imperative that failing negotiations to reassert your position as an ?equal parent' with perhaps something approaching equal time with the children, you consider court action to obtain as much time with the children as possible. The children's relationship with you should not have to change, especially if you are truly innocent of these charges.
    Unfortunately, given the realty of the justice system, it takes so long for the charges to be disposed of, that by the time it happens your relationship with them may well be negatively affected. If mediation with the mother fails it may be important to contact a qualified and
    competent family law lawyer to ensure that the Court understands the need for the children to have as much contact with their father as possible, no matter how strained may be the relationship between their parents.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

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