Final Court hearing - Children

[MrsChiefTyrell]

My partner's children live with us and see their Mother alternate weekends.

We have the final hearing in a few weeks. She wants increased contact (or residency - sigh!) and we are fairly confident that she won't get more than the midweek for tea contact he's offered her already but which she has declined.

We are struggling financially as she refuses to pay maintenance or help with any costs for things such as uniforms, activities, school trips etc. He hasn't raised finances at all at any hearing so far but would like to at the next one.

CSA can't help us as she is self employed for an unregistered business and doesn't pay any tax she denies working at all claiming she is unemployed. She told CSA (they told us) that she lives off family handouts and savings but said she won't spare any for the children. She rents a nice house, goes out lots and has a nice car, she lives alone.

There's likely to be quite a few provisions made within the final Court Order. She is already prohibited from attending our address and it is likely (we hope) that other provisions such as her agreeing not to leave the children home alone and her agreeing not to hit the children will be added. Can the Judge make any order that she must contribute financially to the children? Or even that she must cover 50% of the costs of clothes/uniform/school trips/school lunches etc?

The biggest joke is that she is using the fact he works and therefor not always here for the children personally to try and get a greater share of residency. He has to work because she, the non resident parent, refuses to pay maintenance to help support them as she "claims" not to be working.

What do you think he can/can't say at Court about finances? Will the Judge care at all that she refuses to pay maintenance and hasn't for over a year now.

Thanks.

[googley2]

The judge will care about the finances BUT he can only rule on what evidence there is. Get a valuation on her car, check the rent she is paying, get the solicitor to demand she prove her income before the next court hearing and witness statements from those who are lending to her. Ask for copies of her bank statements and savings. This should have been done previously by a decent solicitor.

Are you getting the child benefit and working tax credits if entitled? It all helps and you are entitled to claim as the kids live with you not her.

[prh47bridge]

I'm sorry but the last post is incorrect. Maintenance and contact are separate issues. Whether or not she pays maintenance will have no bearing on the level of contact ordered. The courts can only order child maintenance in limited circumstances which do not appear to apply here. They can order spousal maintenance in a financial settlement following divorce but, unless the parents agree (i.e. there is a consent order), the court cannot order child maintenance. Even if there was a consent order either parent is entitled to go to the CSA/CMEC after 12 months and their calculation will then replace the order.

[Collaborate]

I agree with prh47bridge (as ever!).

The only relevance the lack of maintenance will have is that it perhaps demonstrates a lack of commitment, but it's not significant. Maybe just mention it in passing, but if she's not working the judge isn't going to hold it against her.

[Gladiator16]

I've been to court and had this issue and I know it's the wrong thing to discuss maintenance at any great length when discussing custody .
Cafcass said your only hope is cma and you will struggle if they refuse to believe her income .
You can ask for things like clothes shoes but make sure if I was you they were items that can only be utilised by the children
My guess is she wants tax credits and will be entitled to them if the children stay over at her house.
I am only advising as I have an excellent Cafcass worker and have contact centre who look after my boy with supervised visits
Don't make it about money you will need to focus on kids welfare settled clubs school and swimming lessons etc.
The court actually changed my sons contact time to accommodate his Saturday swim !
Keep all statements relevant to children individually exposing each child's needs
I wish you luck xx

[Homely1]

Please may I ask how mum did not get custody?