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Legal matters

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Original poster

Can we be sued?

72 replies

BrightonBelleCat · 09/07/2017 16:21

Quick recap. Dp has custody of his ds. Exw wants to take him on hols. We have sent off his passport to be renewed, she has told us if it doesn't get here in time she will sue us for entire cost of holiday not just ds's portion. Is this right? No reason passport won't be here but just checking.

OP posts:

Notreallyarsed · 09/07/2017 16:46

She should have checked the passport situation before booking the holiday. If she was that desperate to renew it she could have done so herself.

Original poster

BrightonBelleCat · 09/07/2017 16:47

She said it was our responsibility because she had renewed the other dc's. We should do it for ds. Despite us not taking him abroad because we can't bloody afford too!

OP posts:

Nanny0gg · 09/07/2017 16:53

Why doesn't she pay for her child?

RandomMess · 09/07/2017 16:54

Are you just paying the CMS recommended amount, if not get it sorted!

She sounds like a nasty bully, in hindsight he should have handed over the passport and let her deal with it.

I'm sure all will be fine, try not to stress.

SweetLuck · 09/07/2017 16:55

God, she rules your bloody roost, doesn't she?

When she told you to renew it, you could have simply said 'no'.

Original poster

BrightonBelleCat · 09/07/2017 16:56

He is paying what was agreed in a consent order. She wasn't working so for some reason it wasn't split like you pay for one child and we pay for the other type thing.

The CMS reckon we would have to pay even more so we are not rattling that cage.

OP posts:

bridgetreilly · 09/07/2017 16:58

No, she has no legal basis for suing you. But I hope the passport turns up in time and you don't have to have any of the hassle.

ShizeItsWeegie · 09/07/2017 17:03

I think you have gone above and beyond in sending it off and paying for it to boot when you have no benefit of same whatsoever.
Just because she says a thing, you know it's not necessarily true right?

grannytomine · 09/07/2017 17:03

If it gets to the 3 weeks and you don't have it contact your MP. We had a problem with a passport renewal and kept getting told there was nothing they could do. Contacted MP and 24 hrs later were told they were printing the passport, another 24 hrs and told it was dispatched and it arrived the next day.

Original poster

BrightonBelleCat · 09/07/2017 17:04

Shiz we are constantly being threatened with one thing or another.

OP posts:

Fluffycloudland77 · 09/07/2017 17:11

We sued in the sc court & the judge was very sensible, the other party was similarly batshit & the judge saw right through her.

Their not stupid people, sometimes a bit old fashioned but not thick.

Wheelycote · 09/07/2017 17:12

She's lashing out....it will likely be back before end of August

sofato5miles · 09/07/2017 17:14

Just got four renewed passports within 10 days. You will be fine. And she is crackers.

RandomMess · 09/07/2017 17:15

Seriously I'd block her calls/texts and get her emails on divert to it's own folder - check once per week!

DumbledoresApprentice · 09/07/2017 17:17

I don't understand why you would have to pay anything in CM, doesn't CM for the child with you cancel out CM owed for the other child?
I can't see how she could possibly successfully sue you. Unless she has some sort of written commitment from you that you will guarantee the passport arrives in time. Even then I can't imagine her seriously being awarded the full cost of any holiday. Just ignore her, she's clearly detached from how the world actually works.

Original poster

BrightonBelleCat · 09/07/2017 17:20

That is how the consent order was put together. We were told we had to pay cm for the other dc because she decided to give up work. She creams every single penny she can put of us and quite frankly dp is shit scared she will go to the CMS.

OP posts:

dementedpixie · 09/07/2017 17:20

Ds's renewal took less than 2 weeks last month. She sounds a bit mad tbh

2014newme · 09/07/2017 17:22

They can still go on the holiday without your ds.
No she cannot Sue you.

jacketej · 09/07/2017 17:23

Just putting out there after 12
Months of a consent order you can go to child maintenance service and put a claim in, this overides the consent order

Original poster

BrightonBelleCat · 09/07/2017 17:24

Yes but if we go to the CMS dp's salary is more than hers we would have to pay more.

OP posts:

Original poster

BrightonBelleCat · 09/07/2017 17:25

Yes but if we go to the CMS dp's salary is more than hers we would have to pay more.

OP posts:

abbsisspartacus · 09/07/2017 17:29

No it should cancel out

Original poster

BrightonBelleCat · 09/07/2017 17:30

We have 4 children here she has 2, dp's salary is more than hers. I'm worried about taking the risk.

OP posts:

RandomMess · 09/07/2017 17:31

Have you actually checked the CMS calculator, it's reduced for the total DC living at your house, then she'll have to pay for the DS living at yours then that amount is deducted from what you owe kind of arrangement...

I'm sure if she thought she'd get more she'd have instigated it already!

Original poster

BrightonBelleCat · 09/07/2017 17:36

It's still a lot of money. We earn a good wage on paper but we had to get a bigger house because of ds living with us full time. She has moved 400 miles away so the time we see other ds is minimal because of that. It all seems to work in her favour. They only do it on income not outgoings and we are living hand to mouth.

OP posts:

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