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Family Law advice again please. Sorry long post

5 replies

MsBakingCakes · 25/07/2012 09:15

Hi,

First of all I would like someone to remind me the name of a book that explains you how to represent yourself in court. I have lost my note with the name of the book Blush

Now ExP is again saying that he will go to English Family Law Courts without explaining very well what he would ask. I am guessing that he may want full custody of DD. I just need some advice of what could happen and how the law is at the moment to know my chances

Background:
ExP and I separated over a year ago. We had a DD over three years ago now and we bought a property. DD and myself moved out of the property and after a long process he bought me out of the property for half of what I was entitled (bad solicitors in my side but I have learnt my lesson).

So move out and because I am foreigner I was not entittled to HB and CTB which meant that after 6 months I could not afford to pay the rent anymore and I found a job 5 hours away from where he lives and moved. He is accussing me of denying him and his family to help me after they learnt that we were moving out. And the reality is that they did offer for ExP to move out from the property and DD and myself moving back and another option they gave was ExP's father paying my rent for a few months. The problem was that I could not find a job and I tried very hard so we really had to move.

That is more or less the background without making to boring. Now which options do I have against him in court i he tries to get full custody? What will a judge look for in order to decide? I don't have a residence order as we did all this through the solicitors so not sure where I do stand.

I don't have any problems with contact. I have always accommodated his needs (which are lots) in order for DD to see her dad. When contact was agreed he chose to see her every 8 weeks instead of more regularly. His latest legal team (third one in just over a year) said that he was happy with contact arrangement and then he wrote to me saying that his solicitors told him that contact was not enough and he would be fighting for more in the near future. I am just tired of his threats and would like for them to end somehow.

Any advce much apreciated.

P.D. DD is 3 years old by the way.

OP posts:
babybarrister · 25/07/2012 09:27

This reply has been deleted

Message withdrawn at poster's request.

MsBakingCakes · 25/07/2012 09:36

Thanks baby barrister, as always very helpful. What we would do without all of you?

ExP has declined twice through his solicitors to go to mediation so I don't think he would want to go if I propose it again.

Do you know the tittle of the book that I am asking for? I had some problems a few motnhs ago and one of you recommend me the book but as I said I have lost the piece of paper where I wrote the tittle Blush

OP posts:
STIDW · 25/07/2012 11:27

There is now an expectation that most parents attend at least a Mediation Information & Assessment Meeting before the courts will hear a case.

"Family Courts Without a Lawyer" by Lucy Reed is a useful resource for litigants in person or indeed anyone who wants to understand court proceedings.

MsBakingCakes · 25/07/2012 11:31

Thanks STIDW that is the book, I remembered now Smile. It is not the first time he threats me about going to court so knowing him I am sure that at some point will happen and I need to start preparing myself.

I have checked the welfare list that babybarrister mentioned before and non of that applies to DD so not sure in which situation I will be left if we end in court.

I don't really understand why this is happening now but then again I don't anything he does makes to much sense to me.

Thanks again for all your help.

OP posts:
SANDIE58 · 28/07/2012 21:42

my grandaughter is 10 her dad hasnt saw her in 9yrs taken my daughter to court looking contact the child dosnt kno him in any way can he get away with this they were never married and hes never ever paid a penny to her now cafcass are involved any advice please would be grt thanx

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