Pick your brains....

Zara33

frugallass wrote: »

from what I could make it seems that the OP's partner is more interested in stopping payments ('financial brunt) than seeing his child - if there is a court order in place he should be reporting the fact that the ex has not adhered to it

if I have read it wrong then I apologise

I think he cannot afford to do anything more...he's caught between a rock and a hard place tbh.

hamstercheeks_2

frugallass wrote: »

from what I could make it seems that the OP's partner is more interested in stopping payments ('financial brunt) than seeing his child - if there is a court order in place he should be reporting the fact that the ex has not adhered to it

if I have read it wrong then I apologise

he has tried to raise a Child Welfare Hearing to address the issue - she did not turn up!

He's more than prepared to pay for them - that's not the problem - the problem is that he wants to see them, not be prevented from seeing them without good reason (no reason has been given btw to date), he's already hurt at that - but then to have demands for extra money - not on!

hamstercheeks_2

koolmummy wrote: »

No need to spend megabucks, no need for a solicitor he can represent himself at court in contact proceedings.

Have a look at the FNF ( families need fathers) website and consider joining.

It is almost unheard of for a father to make an application to the courts for contact and not get it these days. New powers are now available to the courts to impose penalties upon RP's who fail to make the children available for contact. These laws came in 08/12/08, the court can order that the ex do community service, pay fines, attend parenting classes if the court feels that it is necessary. I am surprised that a family law solicitor has told your partner this, although it is true to say that it is very unusual for a RP to be jailed for breaches of contact orders.

If you partner wants to see the children and he already has a contact order that was ordered prior to 08/12/08, he needs to complete a C78 form available from the court office or online at the HMcourtservice website. Complete the form, file at the court, fee is £40. this will attach a warning notice to the contact order outlining the penalties that the court may impose if the order is broken. No hearings are necessary at this stage.

At the same time, write to the ex saying he wants to see the children and if she continues to withhold contact then he will have no choice but to return the matter to court. Keep the letter friendly, i.e it is in the best interests of the children to have a relationship with both parents.

If the ex is still not allowing contact then he would then need to file a C79 to the court which is the application to enforce the court contact order.
The courts are very used to people representing themselves these days, there is loads of help and support available online if you need it.

My understanding of the CSA situation is that the CSA will take the word of the PWC. If your partner has court order giving overnight contact and he is not having it then they will increase his payments. It's a ridiculous system and may PWC will reduce contact time in order to get more money.

Good luck

Thanks for your advice but I think things are rather different in Scotland.

He did go along to the court to try to raise it himself but was told that he needed to do it through a solicitor.

hamstercheeks_2

Zara33 wrote: »

I think he cannot afford to do anything more...he's caught between a rock and a hard place tbh.

Well we cant' afford another £17k which is what has been spent so far through contact and divorce issues!

marksoton

hamstercheeks wrote: »

Thanks for your advice but I think things are rather different in Scotland.

He did go along to the court to try to raise it himself but was told that he needed to do it through a solicitor.

Who told him this ?

Yes Scotland is slightly different but as far as i am aware you can still be a LIP.

hamstercheeks_2

marksoton wrote: »

Who told him this ?

Yes Scotland is slightly different but as far as i am aware you can still be a LIP.

The court clerk told him this.

He can't see his kids - but not thru choice! Just because some bitter woman says so.

hamstercheeks_2

koolmummy wrote: »

It is almost unheard of for a father to make an application to the courts for contact and not get it these days. New powers are now available to the courts to impose penalties upon RP's who fail to make the children available for contact. These laws came in 08/12/08, the court can order that the ex do community service, pay fines, attend parenting classes if the court feels that it is necessary. I am surprised that a family law solicitor has told your partner this, although it is true to say that it is very unusual for a RP to be jailed for breaches of contact orders.

you've no idea the lies that have bn told so she is a terrific actress etc - she has told all sorts of lies to authorities etc

At one CWH She broke down uncontrollably sobbing etc - then as soon as outside - instantly turned off and muttered b*tch to my OH's mother

hamstercheeks_2

Pee wrote: »

This is very sad.

It is the case that whether your partner wants to see the children or not he should be paying CSA, but it seems very unfair that he needs to pay CSA when she is not playing fair re: the contact. Unfortunately, the two are entirely separate, so he does need to pay the CSA and he does need to keep trying with the contact.

If parents do put what they want before the children, it does make it almost impossible for someone to maintain a relationship with their children.

he doesn't have a problem paying - he has a problem with someone dictating NO contact !

dimbo61

sorry to hear this HC !
Been there done that and contact is at the whim of the PWC in england and scotland and yes the CSA will increase the maintence assesment if contact is stopped ( Good old CSA )
Court order is not worth the paper its written on
My heart goes out to you both and not worth paying solictors to fight the EX

hamstercheeks_2

dimbo61 wrote: »

sorry to hear this HC !
Been there done that and contact is at the whim of the PWC in england and scotland and yes the CSA will increase the maintence assesment if contact is stopped ( Good old CSA )
Court order is not worth the paper its written on
My heart goes out to you both and not worth paying solictors to fight the EX

thank you for your honesty:(

I'm just conscious of how depressed OH gets.

He saw them at the Christmas play at school, boy were they overjoyed to see him, they wouldn't stop hugging him and they said that they keep asking mummy if they can come and see daddy and she just ignores them