Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Magistrates misconduct?

8 replies

fandt · 19/08/2010 23:24

I have three children (11 and two at 6) with my ex partner, who is addicted to drugs and has never worked. My ex in the last three and a half years has never paid a penny towards his children. Since i have been with my new partner (husband) we have had another child (aged 2).

For the first year of separation i carried out all the travel so that the three children could see their dad on a weekly basis. but i didn't know what was happening in the house until after the incident because my eldest was always a daddys girl and he told her to lie to me

After that first year my ex assaulted me in front of the children when i picked them up. He was not allowed to be near us on bail conditions and the children were frightened to go to school etc my husband and i then decided to move away from the area (only 40 miles away, this was also as it was closer to my husband?s work.

Since that time i have spent every six weeks or so in court, during which the two six year olds have maintained contact with the ex but not the eldest, they have ruled she doesn;t have to. The ex agreed to pick the two children up using public transport and i would then collect them, carting my other two with me.

He has a new partner who is now pretty much doing everything for the children when they are there, he doesn?t even get up in the morning with them or anything and is constantly on the computer. He sees them once a fortnight for one night at his house.

Recently the court out of the blue made an order which states that because my husband works we have to pay my ex the children?s travel costs. The magistrates court came to this conclusion without looking at our current financial circumstances. just the fact that my ex does not work and my solicitor said this could be misconduct of their powers to make a decision like that when he hasn?t asked for it and without a proper trial giving any evidence etc. they wouldn?t even let me speak but he had his say. He has also been given half the holidays.

My husband does not earn a great deal, we have a mortgage and need to run a car for his work etc which means that we feed the whole family (six of us) on about £300 a month, money is tight.

It annoys me as my ex and his new partner claim income support, disability, careers allowance etc, which means they don't pay council tax or rent, which means they are on a much larger expendable income than us.
we have now been informed that it will cost thousands to appeal against this court order, but of course the ex gets all that free too.

i am thinking of breaching the court order by not paying the travel expenses, firstly out of principle, secondly we can't really afford it and thirdly the ex is entitled to free bus travel however he opts to catch a train and use taxis to travel, he also has to make every journey with his new partner which obviously costs him. this is why he told the court that he was skint, not the fact he spends £70 a week on drugs. Lol

I know this is long winded but I wonder if anyone is in a similar situation and whether anyone else would pay this ridiculous order or should I stick to my guns and just keep refusing it aand be in contempt of court?
I am totally confused as to why? this is like fathers rights gone mad after everything he's done to me and the children and how he still lives his life.

OP posts:
belledechocolatefluffybunny · 19/08/2010 23:29

You can apply for a judicial review for this, it sounds incredibly unreasonable and an abuse of power by the magistrate. You don't need a solicitor, you can do it yourself. Pop to the court and ask for a judicial review form, it costs about £30. If you wish to seek legal advice over this you'll need a public law person.

I'm happy to have a search for info for you, I get really annoyed with people like this, it's been a while since I studied public law though.

fandt · 20/08/2010 00:03

thanks for replying my husband actually mentioned to the solicitor that we wanted to complain and she said no don't do that yet lol but i think she's not that good because so far he's ended up getting everything he wanted. she said she is going to see if we stand a chance to get legal aid to appeal to the high court but i dont know when etc and i really think i might pop and get one of those forms in the mean time lol thanks.

i just can't seem to find anyone whose been in similar situation even solicitor said she has never had a magistrate come out with this result without fair trial.

i'm glad you have read this and hope you may find something

thanks again :)

OP posts:
belledechocolatefluffybunny · 20/08/2010 00:10

IRRC, an ultra vires is an abuse of power, this is one of the grounds for a judicial review, mention 'Wednesbury unreasonableness' and see if it jogs her memory. Wink A judicial review is basically the high court slapping the wrist of a government body for being stupid. You ask them to look at the facts surrounding a matter and how the decision was reached, the high court then decide whether the decision was reached in a just and fair way and whether the decision itself is just and fair.
Even judges screw up. They are regulated by the Lord Chancellors office.
Anyone can ask for a judicial review, you have to have grounds to do so though which I can't really say as I'd need to know everything.
I'll do some digging though.

belledechocolatefluffybunny · 20/08/2010 00:14

www.publiclawproject.org.uk/downloads/GuideGroundsJR.pdf

fandt · 20/08/2010 00:28

god i can't even pronounce half of that lol but yes i will mention that and look through that document. there isn't much more to tell to be honest apart from details like caffcass have been involved with it all and they didnt turn up on the day because they couldnt make it but they went ahead without them giving evidence of whether he should have the contact over the holidays and PR but the PR has been put on hold until the final hearing in 6 weeks time.

i can't believe that she said i can go to prison if i dont comply LOL i said i'll go and kick up such a stink if thats what happens because i refuse to pay how very silly Shock

thanks again i am off to bed now so im not being rude but i will come back tomorrow. i might actually sleep tonight now i know this because it's all been so stressful for us x

OP posts:
ElsieMc · 20/08/2010 13:15

Your solicitor will certainly urge caution about the breach of a court order. The very worst case scenario is prison, but other options are community service.

I speak as someone who has done just what you are contemplating. I don't recommend it, it is a very high risk strategy.

A ludicrous order was put in place relating to contact collections which placed me and other children at risk - thats all I can say for legal reasons. I decided that I could not contemplate this and moved the contact venue elsewhere. It worked well and ran smoothly. However, I was taken back to court with an application for enforcement.

I was lucky, we got a different Judge who was sympathetic to my plight, but I might not have been quite so lucky. I dont regret doing what I did, but the stress of waiting for the court date and my fear of a possible prison sentence was really bad.

I think you are in the right here too. Some mad decisions are made in the Family Courts. I still urge caution.

LucindaCarlisle · 20/08/2010 18:58

I think you should be very careful never to repeat the expression "Magistrates misconduct" in your dealings with the courts.

It may be better to say "His decision seems to be unreasonable in the circumstances"

fandt · 20/08/2010 21:14

ElsieMc i know i still have plenty of thinking to do about the situation and i am fully aware of the consequences it just makes me mad that some people could get away with so much but this is how society is now
I take on board what you are saying and glad that luck was on your side that day.

Lucinda you are right in a way it wasn't entirely the magistrates fault as the court clerk is the one that i imagine to have ok'ed them with the legal side of things as she had gone in there for an awful long time.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread