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Pawel,
Not sure what you can do other than start a court action. But honestly, you may want to start lowering your expectations of a quick resolution.
Assuming you are in England: You need to complete the C100 form to start court and you may want to scan the C1A harm form too.
There is guidance all over this site or go to: https://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?original_id=2756
Viresh,
I think you are talking about the financial hearings…. Ok here is what I think. the UK is a no-blame country which means all the allegations, in divorce court, mean nothing and is a way to get you to give her more money. Ignore them!
I would stop giving her a penny and prepare yourself for a fight. She has moved out, then she can care for herself until the court is settled. DO NOT just assume that you should pay for everything! She is capable and able. Also, she will hit you the CMS payments one this done, so brace yourself for that too.Please do not assume that you have to pay for everything. And, if you are interested, the kids are quite important too.
You have a right to see your child’s medical records from the Doctor, but there is no law about her having to tell you. I assume she is the resident parent…
April 3, 2018 at 6:51 am in reply to: I have done what the court asked and now I feel I am in no mans land. #10083It depends on whether you had a final hearing? If you did you need to resubmit a c100 form – there is quite a bit of guidance on this forum. My first step would be to write to the judge and call social services with the evidence.
Court is all about how the mother feels and the judge will just bow to her… You need hard evidence from professionals to get any judgements against her. Unless she changes her mind on her own.
Get started with getting back to court and then you can start to work on social services. My advice would be to stop communicating with her solicitor (one on one) and only speak with the judge directly. I used to send endless letters to my ex solicitor – it cost her £45 every time I sent one.
March 29, 2018 at 7:12 am in reply to: I have done what the court asked and now I feel I am in no mans land. #10070Urban,
Definitely go back to court and submit what ever evidence you have that shows she is an unfit mother. I am shocked that HER solicitor gave you legal advice??? In any other court this would not be allowed for permitted by the judge – sadly family court does not have any rules other than cuddle the mother.How old is the child, can you contact them directly? The child’s wishes and feelings are greater than the mothers.
All good advice…
She will have to take you to court BTW and not the other way around. You already have custody and she will have to fight to change that.
Make sure you are getting the child tax credits and raise a case with the CSA/CMS against her… society will continue to tell you that she is the mother and should have as many rights as you (this is not the same for the father and if the shoe was on the other foot – you would not see your kids again but would still pay maintenance).
3 years from when she is fit and well and Social Services have failed you will be happy you made a safety net. I am not sure what you need a solicitor for but if you have a lot of extra money, go for it.
Trying again.
Many people talk about change – and obviously Matt and F4J have different fish to fry. But is time to get this back on the Political agenda ASAP.I am happy to help co-organise, but we need Matt’s push to get real numbers.
Don’t know how you feel you but protesting works! Just ask Jeremy Corbin this week.
May I suggest representing yourself. total control and no bills – plus it will infuriate your ex’s solicitor. Once the ball is rolling in court the judge works on letter to the court and not forms…
Don’t let the solicitors be the only Winners.
It sounds like you are confusing the financials with family courts? I could be wrong. Solicitors like to confuse you gain an advantage.
Yes, this is very similar to what my ex did… I would never agree or accept DV allegations. Once you do then you will lose everything. Financially and Family – now I assume that these are false allegations without evidence. If so, then she is just doing 75% of women to do make cash in the courts.I created a website for my kids. So when they search their names my site comes up. But this may have backfired for me because… my oldest was doing a class project and the teacher googled her name in front of everyone. She may have been more embarrassed by the old photos I had on the site, or embarrassed by everyone knowing she didn’t have a dad – either way she was not happy with me.
Do you have your ex’s NI Number? try that. … lets assume she rents somewhere or has registered with the council… you can find her. Every one is on social media – everyone – even in a small way. Try and search images and link to the connect sites – this works well when searching social media.
Keep the faith – you will find them. Not sure what I can do to help. Unless you live in the Milton Keynes area?
You don’t need permission to allege something, but the rules are quite different for the non-resident parent (and men in general). I would suggest only making a true allegation that can be supported with evidence from relevant sources like Social Services or the police – even then they may not make a difference to the judge unless it proves that the children are in harm. Her character is not on trial, but your is. Sad, but it is the truth.
Just randomly creating an allegation can slow things down, but can also help you if landed at the right time. It all depends on how seriously your ex is taking court.
I will never understand why people continue to think that a solicitor will help? They are the reason we are in this position as a whole.
What you need is a McKenzie Friend. Someone who can help you with the day in court but not be legally certified. Is there anyone you may know who can help?
Also, I totally know what you mean about all the women in court. it is almost unbearable sometimes – and if you mention it all hell breaks lose. I used to record my court sessions because people did not believe what happened.
Try this. There is also a new way to do it online (check the bottom of the page). The C100 may require you to try mediation first – check out the guidance notes.
It looks harder than you think – don’t be frightened.
I found my kids by doing a credit search for the mum. You must have some information on her that can help you do that. Also, I google my kids names (also with their mothers maiden name) and found one of them in a school news letter.
You can also start action in your areas which says you do not know the children’s whereabouts. it may not lead to anything now – but you may be happy you did it once the kids are older, or get into trouble somehow.
How were you NOT suitable for mediation?
We have been trying for ages to change the law, so I have not idea on a timeline for change.
The tax credit thing is all from the DWP and their link with the CSA/CMS. In theory a person can have the kids live with them full time and still pay child support to other parent. The CMS is all evidence based and the tax credit is the strongest evidence the DWP recognises.
The court is a different thing all together. My ex did what the court said for a little while, until she realised it had no teeth and then slowly started do her own thing. They only time she got close to losing control was when she did not show up… but she quickly learned she can just rock up to court and refuse the judges order or create a new allegation.Suck up and beg is as good a way to get access as court or any other way. Perhaps you have extra money and can buy visitation (been there, done that) or maybe she will get a new boyfriend and temporarily lose interest in the kids (sadly, I was the last fool to think my ex was remotely attractive).
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