Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

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

Advice needed re court application

4 replies

marthasGinyard · 12/10/2024 13:48

I would be so grateful if anyone has any advice with relation to my matter

I have had previous thread regarding a dreadful few years
Illness, being in a refuge with my daughter and subsequently being awarded after a long horrible court battle equity from my previous home.,

Since my daughter's father was ordered to pay me out of our previous home of 11 years. He seems to be trying anything he can to claw this back in some way,

Trying to get school to bill me for her school fee's

Disputing the tiny amount he pays us in child maintenance.

He wasn't successful with either of these

I then had a mediation service call me giving me very scanty details about mediation regarding my daughter's child order. I chose not to engage as no details and previously always screens in court due to previous abuse.

I have now received court papers and as I thought it's to attempt share care. This will be only down to money as it's all happened at the same time.

What he proposes is ridiculous and I believe any intelligent person with my dd interests at heart would see that.

Should I look at mediation now I know what it's about as I'm very anxious about this.

I am no longer legally aided as I reached the maximum in my previous case.

Any advice would be very useful

Thank you

OP posts:
TizerorFizz · 12/10/2024 17:49

Depends on what is proposed and how much money he has. Can he afford school fees? What does your dc want? You have not said what he wants. I’m not saying it’s remotely reasonable but it’s hard to judge. What contact does he have now and what are his financial circumstances?

marthasGinyard · 12/10/2024 19:16

Thank you

Dd lives with mum sees dad

The Judge didn't award shared care but dd see's him 2/3 nights per week fri and sat one week thurs fri sat the next. The order was made in 2022 He also had her in the holidays but when he wants to she's mainly with me.

He wanted change overs done on a remote car park where I'd have to drive to. The Judge stated no and he picks her up from school on his nights and brings her to our local town to drop off on non school days.

He also is requesting I have no contact with her unless emergencies when he has her. She's 14.5 and likes to message and call me but I know she feels she can't when with him.

I live 10 mins from school him almost an hour each way and we've made a lovely home here. I have age appropriately asked her if she's happy how things are and she is. She said she didn't want to spend any extra time with her dad.

He wants share care

He has her 1 week
I have her one week

50/50 in hols

Me to drive halfway to do drop offs.

He has also tried to not pay CM and has asked school to chase me for fee's (they aren't) he said he couldn't afford fee's any longer but hasn't submitted bursary forms.

I believe he can still pay school fee's but is hell bent on making my life awful.

He paid me out from investments and didn't have to re mortgage.

Most importantly this would not be conducive with a good school/home life for many reasons. He just knows he wouldn't have to pay CM

It's 30 pounds a week 😔

School have been amazing CM weren't having any of his nonsense so I've been sent a court date and am worried.

Any thoughts would be valuable

Thank you 🙏🏻

OP posts:
JustAnotherLawyer2 · 13/10/2024 15:20

She's 14 and a half, barring any special needs that mean she cannot independently say what she wants, no judge is going to order her to spend more time with her father if she says she is happy with how things are.

More so, if she says she'd like less time with her father, the judge will take that into consideration too, so the father may have shot himself in the foot by making the application.

A typical 14 year old's views will be all but determinative for a judge, because they cannot be forced to do what they don't want to do.

marthasGinyard · 14/10/2024 19:10

That makes complete sense

It's what she wants and needs

Not him

Thank you

I have a mediation meeting on my own next week.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread