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Legal matters

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plese reasure me no judge will agree with exP's position...

14 replies

cestlavielife · 13/01/2011 22:58

which is that the court should order me to move into the flat next door to him, so that it would allow "the DC to see their father daily for equal parenting on a practical and convenient level to benefit both the children and parents " .

currently i rent elsewhere, with DC, we fled due to his beahaviours (MH mixed with abusive controlling and lately issues around contact with DC so he has no contact at present - tho i imagine it will go back to supervised at some point) .

i know i have said it before - we joint own two adjoining flats - one he is living in, one is rented out to tenants (til july on AST) .
i want to sell up both, share the equity so long as i get enough to rehouse with DC on a mortgage...he has no income but thinks he can stay where he is and put mortgage in his sole name and with govt paying mortgage interest for him indefinitely...

is there a district judge who is going to order me to move with DC into the rented flat for his convenience?
It has no garden and is not a good space for us).

apart from this, i moved away due to his controlling and abusive behaviours - do i have to defended not moving there to live next door to him by bringing all this up?

and surely if it was divvied up one flat each and second flat in my sole name - there would be nothing to stop me selling - unless a court order states i am required to live there next to exP til the DC turn 18?? please tell me this would be unprecedented...

please tell me his position has zero legal standing... or do i really have to get the best legal experts to defend me?

OP posts:
moaningminniewhingesagain · 13/01/2011 23:04

I'm not a legal bod at all, and IIRC I have seen some of your previous threads. But I cannot imagine for a moment that a court would order you to move home to be closer to him. After all, most couples who separate probably end up living at least a few miles apart, its totally normal.

I think your exH is dreaming somewhat misguided.

Resolution · 14/01/2011 00:12

I am a family solicitor, and can categorically confirm that your ex is a control freak talking out of his arse, and no court would think otherwise.

ChippingIn · 14/01/2011 00:16

I hope Resolution has soothed your nerves.

Please stop listening to his crap x

cestlavielife · 14/01/2011 00:17

thanks resolution - i can go to bed relaxed now !

OP posts:
prh47bridge · 14/01/2011 00:34

Agree with Resolution. The words snowball and hell come to mind.

mumblechum · 14/01/2011 07:51

Another family lawyer in the Snowball In Hell camp.

freshmint · 15/01/2011 19:43

no judge would order that

I know of what I speak

and the fact that he is going to go into court and ask for that is going to mark his card ie the judge will think he is an unreasonable bullying arse

sleep well!

GypsyMoth · 15/01/2011 19:45

no,no,no......you won't be moving!!

lol at his audacity tho!

babybarrister · 17/01/2011 22:43

This reply has been deleted

Message withdrawn at poster's request.

WhyHavePets · 17/01/2011 22:48

Not a chance, they cannot tell you where to live! They may (in extreme situations) try to stop you leaving the county/country but they would never tell you in which house to live!

Yur ex is a fruit loop, rest up and get some strength, it sounds like yu are going to need some dealing with him!

WhyHavePets · 18/01/2011 10:03

Ooh, just thought of a little plus side for you, if he goes stomping into court demanding they tell you to move in next door to him then he will get very short shrift from the court and probably be dealt with like every other controlling numpty that trys to use the courts/kids to control the ex - badly! Trust me, I have seen an ex being put in his place by the court and Caffcas for something similar, it is not pretty, he is still smarting from it several years later!

It would actually be to your advantage if he did something this stupid so next time he is sounding off just keep that little thought in your head, hopefully it should give you a little bit of a smile - I know it would me Grin

jonicomelately · 18/01/2011 10:09

I'm surprised his lawyer (if he has one) has not advised him against this. As other posters have said you cannot be forced to live anywhere you don't want to (in fact anywhere full stop) and he is opening himself up to a lot of critisism.

Ever heard the phrase 'give someone enough rope and they'll hang themselves?' Let him continue with this approach to his hearts content and make a right tit of himself

cestlavielife · 19/01/2011 11:46

he has no lawyer - LIP.

his position been filed at court so is now on the record.... so yes after the initial shock/outrage i realise that exP is the one gonna look stoopid... is mind boggling...

his idea to keep on one flat and have mortgage transferred - well i have responded as i spoke to bank and they said no - unless he gets a guarantor/rich friend preapred to take on the liability.

so have just sent msg saying I spoke to bank and they said no, but he was welcome to speak to bank himself and get evidence from (a) bank he can take on the mortgage. (maybe he has a rich friend???)

the good thing is we have a whole one hour allocated for financial hearing set for april and two whole days allocated for june - so am living in hope that will be enough... by june things will be clear - am telling estate agents anyway that will be able to sell in either april or june... (flats in good location ideal rental investment etc)

but - you never know what he gonna throw up next.... and the children/contact issues getting a whole lot messier right now (currently i've cut contact for good reason (all is on record and i've been talking to SS etc and awaiting call backs and as far as i know they havent gone to talk to him yet for "his side" as i guess ironically it isnt urgent precisely because there is no contact....; my only option at present is to allow no contact) ,

but he might walk into court today to demand urgent hearing...

OP posts:
StiffyByng · 19/01/2011 12:40

It's really true that the more someone messes the court around and tries to use it for stupid purposes, the less seriously they are taken. When my husband's ex was trying to take all sorts of ridiculous stuff to court, through solicitors too, his solicitor said it was all to the good.

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