Release of funds.

mhart76

I separated from my wife 5 years ago. I have full custody of our daughter following family law proceedings where she was removed from the care of my ex and cannot ever again have safe unsupervised contact.

No maintenance has ever been paid, when in May 2021the CSA had to be involved,  she ceased all family time arrangements.

This also coincided with completion the sale of our jointly owned home. The last correspondence being that I offered to equally split, she that welfare matters could be prioritized.

The CSA cannot take enforcement action for defaults on every  payment as they have no "confident address" and she does not have bank accounts linked to the address.

The conveyancing solicitors say she has provided no position regarding when she would agree to release of funds, and cannot equally release without her acceptance.

They have contacted her on "numerous" without response and cannot "represent me" to provide any method of resolution as they practice represented my ex in family law proceedings.

Short of a financial remedy application do I have any other options?

I had asked that a formal email saying funds would be equally released if no challenge was made within 30 days be issued - as my ex corresponded with them in November, on "another matter".

Contested hearings I'm told could cost £15k and I don't qualify for legal aid as the abuse my daughter and I suffered was emotional rather than physical.

My ex lives on a farm valued at £3m with her partner where she does not have to work and there is a planning application for a huge home.

It seems that by ignoring letters she can avoid action.

Aside from pro bono, my MP can offer no suggestions.

I'm a male who has experienced significant emotional abuse and is looking to give my daughter the future she deserves. Nine of the normal channels you expect to be there when you most need them seem to function.

eddddy

mhart76 said:

The conveyancing solicitors say she has provided no position regarding when she would agree to release of funds, and cannot equally release without her acceptance.

They have contacted her on "numerous" without response and cannot "represent me" to provide any method of resolution as they practice represented my ex in family law proceedings.

I can't comment on most of what you say...

... except that if your conveyancing solicitor is unable to represent you (or give you advice) on something because they previously represented your ex,  wouldn't it be better to find another solicitors firm for conveyancing who has never had dealings with your ex?

But perhaps that's a naive, over-simplistic comment.

 

mhart76

My ex had put the house on the market without discussion after years of refusing to sell or remortgage with her new partner who cohabited in our home. I was glad the sale was happening.

When I made the solicitor aware I was a joint owner no conflict of interest was stated.

I was glad not to be attached to the mortgage and have potential defaults.

The house sale completed in May 2021.

Hindsight is a wonderful thing, but I was hoping for helpful guidance on what I can now do.