Pay my ex or seeing my kids

Voyager2002

Hi Roligan,

No, that is not the firm I used. But anyway, you evidently have more experience of the legal process than I have (I was only in the High Court for about fifteen minutes, for an ex parte hearing). I shudder to think of the cost of a three-day hearing there, and also about how emotionally draining it must have been. Had things been different, the money spent on lawyers could have basically paid for a home for your children.

Legal aid: the means test is fairly rigorous, but in a whole class of matters concerned with child welfare it is not means-tested. This is one avenue that you might like to explore.

By the sound of things, the amount that you agreed to pay is far in excess of my pre-tax salary, that has to support a family of four. Absurdly generous, particularly since private education is not the norm in France.

I think that you need to prepare carefully for the Final Hearing for Financial Matters. Ensure that the court has accurate information about your current income. Find out whether the court has any power to order you to pay child support: I suspect not, in which case don't make any offers in court.

Anyway, to answer the question you originally posed, I think that contact with their father is more important for children than is private education, electronic toys, or whatever. Get some information on the cost of living in the region of France where they are, and provide support at a level that will give them a basic standard of living, but no more. If your ex does not like this she is at liberty to return to the UK, at which point she would have access to the services of the CSA.

roligan

Final hearing over. She got £250 per month in child support, no spousal maintenance and no school fees.

However, things have gotten complicated. We have assets in the States (pension), Isle of Man, UK and Denmark.

The Judge noted that he could not make a Pension Sharing Order for the pension in the United States since the English Court does not have jurisdiction over the Unted States. Despite him noting that he didn't have jurisdiction over the United States he still made an Order of how the funds in our bank account in the Isle of Man should be divided. We didn't tell him the account was in the Isle of Man and he didn't mention that he was aware of it.

I have done a bit of research and from this website http://www.gov.im/IsleOfMan/legalsystem.xml it is clear that English law does not extend to the Isle of Man.

Despite that she took the order to Lloyds and they let her clean out the account. I called Lloyds and asked them who had jurisdiction and they said the Court of the Isle of Man.

Can anybody tell me with certainty that the English Court does not have Jurisdiction in the Isle of Man and that Lloyds was therefore in the wrong when the let her clean out the account based on the Order.

Roligan

enemes

Hi ... thanks for the series! Its been a long one, and as ever when the end is nigh ... there's always another twist.

I can't say for certainty how the English/Isle of Man jurisdiction works, but if i can use the English/Scottish scenario, although English jurisdiction has no weight up here, any banking matter conducted with an English Corporate, normally has a small clause in the contract to state the "English Law Prevails".

What I don't understand is how she was able to clear out the account. Surely it was joint, and what would have prevented her from emptying it earlier anyway?

Thankfully, I dont have that problem of bank accounts dotted around the World ... its just me, my kids and benefits.

roligan

Well she could clear out the bank account since we were both signature to the account and could take out money separately. The account was frozen, together with our other assets back in July 2006, also with an English Court Order. Back then I didn't realise that the English Court did not have jurisdiction and neither did she or the English Court.

She was the one to have it frozen so she could hardly go ahead and clean it out between the first Court Order in July last 2006 and the recent Court Order from November this year.

I'll get my bank to send me their terms and conditions to see if it says that 'English Law Prevails'.

Roligan

seven-day-weekend

So can you afford to see your children now?

roligan

I have already missed out a couple of times but they are flying up for Christmas.

seven-day-weekend

Great, that's wonderful!

paisley_lass

hello sounds like its all been a bit of a nightmare for u....but just wanted to say hope u have a lovely time with ur kids at xmas x

roligan

To paisley lass,

thank you.

Roligan