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Small claims court over court costs for access

(5 Posts)
JMKid Tue 21-Feb-17 21:27:34

So, my ex has decided to expect me to pay just over £5k for half his legal costs over child access. Our final hearing was back in September 2016. His reasoning is because I stopped contact and this was his only option. I have proof this wasn't the case even letters to his solicitor offering contact before court. And this point he was claiming not to work BTW!! I believe this is purely based on revenge as CMS have arranged a deduction of earnings due to arrears for over a year. What are the chances of being forced to pay this if it does actually end in court which I assume it will since I'm saying I won't pay any costs.

traviata Tue 21-Feb-17 21:33:17

Absolutely no chance at all, unless the Family court made a costs order against you at the final hearing in September 2016.

if there wasn't a costs order , then he doesn't have any basis for a claim in the small claims court.

JMKid Tue 21-Feb-17 21:37:26

Phew thank god for that. It states on the order no order as to costs. How is it even allowed to go through if that's not possible.

traviata Tue 21-Feb-17 21:38:56

It gets issued by court staff who are not legally trained. As soon as you send in a defence it should be looked at by a judge who may well knock the case straight out.

JMKid Tue 21-Feb-17 21:57:58

Fingers crossed. Thank you for the help.

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