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Legal matters

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Court order for children

2 replies

peonyfairy03 · 08/09/2019 10:59

I divorced my ExH 5 years ago. He took me to court for the children even though his work meant that his DM would look after them when in his care. We ended up having a routine inflicted by him 2 nights him 2 nights me 3 nights him 3 nights me then back to 2 nights. Shared care arrangement. I know this was only down so he could get away with paying very minimal CM (he’s Avery high earner I was a SAHM very controlling marriage in every way) Very soon after this was signed off OW moved in and and he started not sticking to it I don’t mind as children only go EOW their choice. Whole divorce cost me over 35k he used his friend who is a solicitor and contested everything to the point I gave up as amount received was less than my fees. (I hid lots of money and had so much matrimonial things on credit cards he got then house I didn’t have to take on debt which was circa £100k. Full financial break.

Back to main issue he is now moving to a different county currently lives 20 mins from me so if he was to enforce court order he could. However his move would mean he would now be over an hour away from children’s school and me which would mean impractical for him to have children they are 16 and 13. Except EOW Saturday afternoon till Sunday now because if sport commitments children do. What do I do about the court order once he has moved shall I go back to solicitor to get it changed or shall I just leave it and let it hang over me. He always throws it at me when he feels like it if I don’t agree what he wants etc. How much would it cost to change. I’m not looking to change it to get more money from him he’s very devious and now self employed so he would easily claim he isn’t earning much. I just don’t like the control this court order has over me and we haven’t stuck to it for 4 years.

OP posts:
peonyfairy03 · 08/09/2019 11:01

Meant to say HE hid lots of money a created the debt. I never had any money of my own and had to ask him for money all the time. Which he would then require receipts of what it went on.

OP posts:
Collaborate · 08/09/2019 17:18

I am truly finding it hard to work out what the situation is.

In circumstances where one of the parents isn't having the children as much as a court order says, an application to vary the order to reflect the new arrangements on the ground can often precipitate a take up of the old arrangements as per the order.

However after the has moved an hour away the risk of that diminishes greatly.

If you think you could take the new order to CMS and actually get maintenance I'd take it back to court if I were you. It would really depend on how many years of paying maintenance he has left.

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