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Legal matters

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

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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:

notapizzaeater · 09/07/2017 17:38

I sent my sons last Monday 26th - I got it back this Wednesday (7th) I'd just ignore her ....

Confusedandintrigued · 09/07/2017 17:45

No, NO and NO!!!!

Was completely my area of work (before becoming SAHM)

I promise you OP, do not give it one more second's thought

QuiteLikely5 · 09/07/2017 17:50

I don't know why she is not paying maintenance if she is working and can afford 7k holidays!

You can apply for something called a variation if your circumstances have changed dramatically since the financial order was made.

You should check the cm calculator to see if you are overpaying

Original poster

BrightonBelleCat · 09/07/2017 17:51

They both walked away with x amount from divorce we invested in a house she appears to be going through the money like a dose of salts. Also I don't know how much her new dh earns.

OP posts:

Original poster

BrightonBelleCat · 09/07/2017 17:52

According to cm calc we underpay. I don't know if she knows that consent order only lasts 12 months.

OP posts:

DumbledoresApprentice · 09/07/2017 17:54

But does that calculation take into account the fact that she owes you maintenance for the DS?

OlennasWimple · 09/07/2017 17:54

She can sue for anything she wants. It obviously doesn't mean that she will win.

Honestly, ignore her, it will be fine though she sounds completely bat shit

Original poster

BrightonBelleCat · 09/07/2017 17:57

No it doesn't. She wouldn't be earning a huge amount I don't think, she is part time.

OP posts:

hasitcometothis33 · 09/07/2017 18:02

If she's routinely making threats of (spurious) legal action (as well as any other threats), then you may want to see what action you can take re harassment/malicious communication

RebootYourEngine · 09/07/2017 18:27

What kind of things has she threatened to sue you for before?

Original poster

BrightonBelleCat · 09/07/2017 18:34

I can't get into it too much as it's very outing. Put it this way if we don't say how high when she says jump we get threatened. We are both sick of it.

OP posts:

hasitcometothis33 · 09/07/2017 18:49

And you have the right to not have to deal with this nonsense. There must be action you can take to prevent her from issuing repeated groundless threats.

Notreallyarsed · 09/07/2017 20:06

She's harassing you by keeping you on eggshells all the time with threats of spurious legal action. Threaten to sue her for distress through harassment and see what her reaction is

ShizeItsWeegie · 09/07/2017 20:36

Your recent post is what I meant when I said that just because she says something doesn't mean it's going to happen. You are being far too passive in this. You need to start getting her to only communicate in the written word at least so her issued threats are documented. Try going a bit grey rock first and if she continues to behave this way, get advice. This is messing with your heads and that is exactly what she wants.

Original poster

BrightonBelleCat · 09/07/2017 20:47

Sorry what is grey rock?

OP posts:

Fluffycloudland77 · 09/07/2017 21:38

It's when you make yourself boring on purpose so they lose interest.

Original poster

BrightonBelleCat · 09/07/2017 21:50

We are so boring! We can't afford to do anything!

OP posts:

hasitcometothis33 · 09/07/2017 22:02

Ah fuck changing your lives for that nutter.

Your partner is divorced from her right? There's contact/financial agreements? Speak to his solicitor (or the police). 101 can be helpful with these things

Mc180768 · 10/07/2017 09:07

I am quite intrigued under what act she thinks she can 'sue' you?

You renewed the children's passports on becoming aware of her booking the holiday.

She threatens to sue you regularly? I would be calling her bluff. It would cost her to launch an action against you in any event. And she would be highly unlikely to qualify for legal aid because of a holiday cost.

Even as the NR parent, as the person booking the holiday it is the lead passenger's responsibility to check that passports are in date of minor passengers.

Call her bluff. You have applied for the passports, OP and it is now in the hands of the Passport Office. I really would not worry. Tell her to go ahead and sue you.

What is it with people threatening to sue people, I had that once from my Exh. Utter prick who loved the words I will see you in court That was 13 years ago.

scaryclown · 10/07/2017 15:12

Unless you negligently failed to follow appropriate procedures in the complicated service contract you both signed, I think you are in the clear.

worridmum · 14/07/2017 07:20

She would only have a case if the OP refused to hand over passports aka they agreed to the holiday and at the last moment refused the passports so wasnt time to go to court.

In your case she has no case at all

mohuzivajehi · 14/07/2017 07:34

"grey rock" thing is because she is getting an emotional high from the drama of threatening to sue. Just don't react at all, don't get angry, don't argue, be mild and calm and boring.

She almost certainly has no case. She booked the tickets, she should have checked passport validity and organised renewal herself. The only slight possibility of a case is if she has a written record of correspondence dated way back before May in which you/dh agreed and undertook to renew the passport in plenty of time, but it sounds more like she just didn't think of it.

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