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Two weeks after I sent my form E nothing from ex

(11 Posts)
Pisssssedofff Fri 15-Apr-16 10:47:22

He's taking me to court for joint custody on the 29th of May which he hadn't got a prayer of getting but we are in court on the 9th over the finances so I think he's dragging his feet as he thinks he's getting the children and half the house .... I'm representing myself

runningincircles12 Fri 15-Apr-16 13:14:20

If he has not filed and served his form E in time, it is possible for you to make an application for an order that he file and serve his Form E by a certain date before the hearing. The court can attach a penal notice to the order, meaning that he will be in contempt of court if he breaches it and can be sent to prison or have his assets seized.

Although the application itself would be made without notice to him, you would have to warn him of your intention to make it- ie give him a chance to file the documents. Is he also representing himself? If he is not, you can write to his solicitor and state that if there is no Form E (or good reason for no Form E) within say 7 days, you will apply to the court. Otherwise, you need to write to him directly (make sure you keep copies of any letters and bring them to court for the hearing on the 9th).

If he is also self-represented, have you checked with the court whether he has sent something in? It may be that he sent it to the court, but not to you.

Otherwise, you can ask the court at the First Appointment on the 9th to attach a penal notice to any further order to file his Form E. The reason why it is a PITA that he has not filed anything is that this will mean that the First Appointment will be a bit of a waste of time because there is no scope for moving towards settlement if there has not been full and frank disclosure. Especially where the parties are self-represented, any court hearing is extremely useful to try to reach settlement, especially if you have a hands-on judge. You only get a total of three and the third is the final hearing.

Another option is to try to get the hearing on the 9th postponed, but that will just delay the proceedings, so I would be reluctant to recommend that. Plus it lets him off the hook in a way.

It seems that if the issue of where the children live will not be resolved until the 29th, that there would be limited scope for using the hearing on the 9th to settle anyway. Is the children hearing on the 29th a final hearing?

Pisssssedofff Fri 15-Apr-16 13:26:30

The children won't be going anywhere they've lived with me for three years whilst he's been in Australia, he thinks he can swan back and get 50:50 to reduce his child support and get half the house 😂😆😂

Pisssssedofff Fri 15-Apr-16 13:30:24

I've written to his solicitor giving him seven days, I actually believe he has done his bit it's her because he seemed quite surprised I didn't know certain things. Anyway thank you

runningincircles12 Fri 15-Apr-16 13:46:53

Yes, it's odd that some non-resident parents sometimes are extremely keen to have 50/50 residence when they see a financial incentive... The only reason I asked whether it was a final hearing was that at least the issue will then be resolved. Otherwise, he might keep sticking to how he might get 50/50 and therefore needs a bigger place etc (even if the likelihood is slim). If it's been decided, it will help you settle the case (or give the judge reason to put a bit of pressure on him).

And his solicitor sounds rubbish! 2 weeks late filing the Form E and no explanation to you? She's making her client look really bad in front of the court.
Well, hopefully you will get his Form E soon.

Good luck.

Pisssssedofff Fri 15-Apr-16 14:11:01

I think he will keep banging on about it .... Forever .... I know he won't be awarded 50/50 this time but he might eventually. What on earth are we meant to do in the meantime, he hasn't made a mortgage payment since 2009 the house would be long gone if it was down to him. It's all so frustrating

Pisssssedofff Wed 20-Apr-16 14:58:41

Well his has come through and he wants £6,000 deducted for my boob job in 2004 and claims his dad leant us £7,000 - it was a gift at the time - wtf

3xcookedchips Wed 20-Apr-16 15:11:00

Yes, it's odd that some non-resident parents sometimes are extremely keen to have 50/50 residence when they see a financial incentive..

Shouldn't that read

Yes, it's odd that some parents sometimes are extremely keen to keep time to a minimum with the other parent when they see a financial incentive..

Pisssssedofff Wed 20-Apr-16 15:13:29

You see I out earnt him by 100% and am capable of holding down a job, it would suit nobody better than me for him to give up his job and look after them. Of course he won't

3xcookedchips Wed 20-Apr-16 15:48:40

Take out money from the equation - I agree with the sentiments when some fathers seem to sabre rattle largely out of naivety/ignorance/and yes money concerns. Don't worry, he'll realise the reality soon enough - he has to!

Pisssssedofff Wed 20-Apr-16 15:56:46

It's a joke we Mums are expected to work full time and go the lions share of child care and house work .... Frankly the least the cheating idiot can do is pay up but no .... He is in for a shock !

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