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Latest Threads
CMS website?
Forum: Child Maintenance, Finances etc
Last Post: jamesbond
5 hours ago
» Replies: 0
» Views: 7
Ex is committing fraud
Forum: Contact & Residence Issues, Problems with Child Arrangements
Last Post: Tigre
9 hours ago
» Replies: 3
» Views: 80
opinions is she messing w...
Forum: Contact & Residence Issues, Problems with Child Arrangements
Last Post: tdci
10 hours ago
» Replies: 2
» Views: 113
This is the end of 2 year...
Forum: Your Court Results/Outcomes
Last Post: High Peak
Yesterday, 03:38 PM
» Replies: 16
» Views: 639
CMS Variations
Forum: Child Maintenance, Finances etc
Last Post: Goetia
Yesterday, 02:50 PM
» Replies: 6
» Views: 853
Losing hope
Forum: THE LOUNGE
Last Post: Goetia
Yesterday, 01:49 PM
» Replies: 1
» Views: 175
Please help me. Ex being ...
Forum: Contact & Residence Issues, Problems with Child Arrangements
Last Post: JamW
01-26-2020, 08:19 PM
» Replies: 618
» Views: 122,515
More lies by Cafcass ...f...
Forum: Outside Involvement, CAFCASS etc
Last Post: Mr Pink
01-26-2020, 07:44 PM
» Replies: 9
» Views: 3,406
Final Hearing - Represent...
Forum: Outside Involvement, CAFCASS etc
Last Post: BirminghamUK
01-26-2020, 03:44 PM
» Replies: 7
» Views: 3,457
Complaint
Forum: Fathers’ Rights, Legal Info, Court Orders
Last Post: warwickshire1
01-25-2020, 03:50 PM
» Replies: 2
» Views: 140

 
  CMS website?
Posted by: jamesbond - 5 hours ago - Forum: Child Maintenance, Finances etc - No Replies

hi all. Is the CMS website gone/ disappeared? When I type in cms , the results take me to the gov.co.uk portal. I can log in to my case but there is virtually no back details, past payments. Am I missing something? Need to check some details but cant find the dedicated CMS site. many thanks

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  Ex is committing fraud
Posted by: Marky207 - Yesterday, 02:45 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (3)

Hello everyone, just wanted to thank everyone that’s offered advice and supported me on here regarding my child contact order and manipulative ex. It’ll probably surprise no one that my ex is up to no good in other areas of her life, including fraudulently claiming benefits and legal aid. I’m looking to see if anyone can offer me any advice and/or if anyone has experience in fraud investigations. Please don’t see this as me slinging mud at her until you’ve read the whole post, I’m just a dad that wants to see his daughter and hates seeing her get manipulated by my toxic ex whilst my ex has a carefree life with a lot of money and free legal help she is rightfully not entitled to. Enough is enough for me, particularly as I’ve spend thousands and got nowhere.

Legal aid works differently in Scotland than England for family law cases. Basically, it’s income assessed, similar to claiming a benefit if that makes sense. My ex has and continues to get legal aid, she claims as a single person even though she is living with her long term partner and he has a business that generates over £80k a year. My ex continues to not comply with the court order and enough is enough for me, why should she receive legal aid and benefits she is not entitled to? I often get told if she didn’t have legal aid and had to pay for a solicitor, she would likely start behaving herself. She hates spending money and constantly wants more money off me, trying to manipulate the CMS saying I never see my daughter (despite court order) to get more money off me. I already pay a fortune in maintenance and luckily, CMS sided with me and agreed the 1/7th deduction.

My ex is in a cohabiting relationship but registers all her post to her father’s address so it looks like (on paper) she lives with her dad. My ex and her partner have a limited business together, that is registered on Companies House to their cohabiting address. When questioned about this a year ago by Legal Aid, she claimed he was “just a friend” and “she didn’t know he had signed her up to the business”. A year later, she is still registered as the company secretary. She lives with this guy, goes on holiday with him and my daughter, has a car that’s owned by him but she has the main use of, takes my daughter to his family’s house for parties and Christmas. Legal aid have told me they know she is up to no good but the issue is that she is registered to her dad’s address so it looks legitimate and they have to have a balance of evidence to override the registered address issue. Basically, my question is surely there’s other ways of proving the fraud than what the registered address is on the credit file? what sorts of things would be useful? I have a multitude of things of her confirming the relationship by texts to me and messages on my daughter’s phone from her mum referring to her partner and her partner messaging my daughter saying he can’t wait to marry her mum etc.

I’m genuinely not out to get my ex, all I want is to see my daughter and to be able to take her on holiday. But my ex knows she has the power for as long as she receives benefits and legal aid and I’m sick of her threats and bullying. My wife and I can barely afford a solicitor now and my ex knows this. I want to try have the source cut off so things are perhaps easier for me in taking this back to court. She will not want to pay for a solicitor and might start to behave. Also, I’m sure a judge may be interested in her fraud if the system (if proven) if I do go back to court to show her character.

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  opinions is she messing with child's head
Posted by: tdci - 01-27-2020, 03:55 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (2)

my child is in my care has been for two years court order in place contact twice a week
for around 4 months ex has been asking child questions she has to be supervised on contact recently  i had a unexpected stay in hospital and allowed her to sleep at grans during that stay i tried contacting her to take child to a relative she ignored calls msgs etc this caused me more stress in hospital in the end i rang ss who have no involvement anymore they rang her to take child to relatives ,after that child said she slept on couch at grans and mam was on the other end when she woke ,the rest where in bed (this is unsupervised) contact days she is always late back ,on 5 occasions she said infront of child .child wants to sleep at hers grans
really child has said nothing to me up until recently when she says it infront of child couple mins after its forgotten even got child at one point to lie and say it was childs idea now its someone else is sleeping to this is to encourage the idea ,bottom line is i dont trust her child would be on couch while they drank till 5am one time she slept and she never even got that right there's no effort on contact took to grans that's it activities dont happen furthest child goes is charity shop 1 min walk and sends her back here with pure tat but obviously i dont convey that to child if it was pure and simple sleep at grans in a bed and mum wasnt there i say yes no problem give the women an inch she wants a yard
no she texting me unsuitable times saying its not good for child how about stop putting stuff in child's head
i asked one day hows that making you feel child ( SAD DAD WISH SHE LEAVE ME ALONE) 
and she wants to discuss contact arrangement (this was set by the court)
OPINIONS PLEASE

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  This is the end of 2 year long case.
Posted by: SeanS - 01-22-2020, 11:35 AM - Forum: Your Court Results/Outcomes - Replies (16)

SO had the final hearing yesterday


After Finding of fact, section 7, spending 16 months at the contact center...

CAFCASS in their section 7 recommended this

a) there is no pattern of abusive behaviour from the father
b) No findings made of mother's concerns towards father of children welfare or capacity
c) Children contact to go ahead outside contact center 'immediately'
d) do not recommend DVPP for father based on Finding of fact
e) Children contact to build up gradually in community leading to 1 overnight stay, and 1 day of tea
f) MOther to be main resident and live-in with dad 


Mother asked for :

a) Court to recommend DVPP for dad !
b) father to continue at the contact center until father completes the course
c) After long conversation with CAFCASS, mother came around to contact build up but with pre-condition of DVPP !
d) Mother would agree an end state of only 1 night per week. Few special days and few holidays, thats it
e) Mother wants to be the main resident and accepts cafcass recommendation of live-in order for dad


Father (me) asked for :

a) Get the F out of contact center !
b) 3 nights per week, half the holidays, special days
c) During the course of the negotiation compromised one night over the weekend and, overnight on the day of weekday nursery pick up
d) Shared residence order


Judge said to the mother :

a) Contact MUST start in the community starting from this Sunday ! 
b) Dad is not the type of candidate for DVPP !
c) This is the kind of normal case where the norm is Dad gets 50-50 if he makes another application
d) What dad is asking whcih is 2 nights is absolute minimum 
(could hear mother gasping for breath at this time)
e) Interrupted mother when she was trying to say '2 nights is too much', judge quipped 'No it is not' 
f) Made a comment to the mother that mother fitted the pattern of most mothers who come to court asking for all the contact to themselves !

Final order :

a) I got 2 nights a week for start and made provision for dad to come back to court after mediation if I wanted more
b) all special days and festival days I asked for
d) Was out of time to talk about holidays, but I will wait for the order
d) No DVPP
e) Contact to begin this weekend
f) Mother got residence and I got live-in, but again made comment in the order that dad could come back asking for more time and shared residence order. 


I'm ecstatic and happy I couldn't sleep the whole night at the thought of having children home. I'm making preparations to welcome them this Sunday.

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  Complaint
Posted by: Sb1353 - 01-20-2020, 07:06 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (2)

Has anyone complained about family court specially local court how they handled their case yet? Is there any where you can complain to?

Last February Judge ordered fact finding hearing on urgent basis. We were given a date in August which was a joke. Then solicitors decided they need more than a day and asked the judge to hear evidence in August and make a judgment on another date. Judge cancelled the hearing and we had no other date.
Court then gave us a date in December which again was a joke. We went there in December and was to,d Judge was busy with other cases and couldn’t see us. We then were given a date in January which I went to just to be told ex couldn’t make it due to her illness.
I have now been given a date at end of April which is beyond a joke. I’d like to make a formal complain about the court administration how badly they are handling the case.
I my solicitor already wrote to them saying it isn’t accept that I am stuck at contact centre and within the system and cannot move on because of malicious and un founded allegations ex made against me.
I am losing hope with family court especially local (to ex obviously). I ask if we can get a date anywhere also as I can’t spend another 4 month in contact centre.

Apologies about spelling mistakes as I use my phone to type. I’d appreciate your help.

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  Family court process
Posted by: alexroutledge - 01-19-2020, 11:21 PM - Forum: Child Maintenance, Finances etc - Replies (2)

I'm going through an acrimonious divorce and it looks like we're heading straight for the family courts.

We have 2 young children (aged 5 and 8) and a house worth around £400K. There is around £230K equity in the house (£170K mortgage). I earn £75K. We're planning a 50/50 custody split.

The main complication is that I provide financially for my wife 100% (she doesn't work). She would like to stay in the house but readily admits she can't take on the mortgage. So, the only way for her to stay in the house is for me to stay on the mortgage for the next 13 years which would affect my own mortgage affordability. I would like to sell the house and split the equity so we can both move on.

We attempted mediation but her own view is that she will get a bad deal through mediation. She is adamant that a family court would enable her to stay in the house and she won't have to work.

We've been separated for 24 months so she has had plenty of time to start supporting herself financially but has chosen not to.

So, it looks like the finances will have to be decided in the family court. Does anyone have any advice as to how long it might take to get to a final hearing?

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  Form E completion
Posted by: Leader1978 - 01-19-2020, 11:28 AM - Forum: Child Maintenance, Finances etc - Replies (1)

Need some guidance with some of the disclosure within my form E: 

1) Capital Needs - can I include capital to pay off exisiting debts?

2) Income Needs - do I overcook it slightly compared to my income or, do I suggest my needs come in line with what my paid salary is?

3) Order Sought - is this the section where I suggest how the assets should be split?

Thanks

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  Help please with weekly whatsapp
Posted by: BirminghamUK - 01-19-2020, 11:19 AM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (3)

Can I have some help please.

Need to email the mother regarding weekly whatsapp. Court order specifies 6:30 to 7:00pm but child is sleeping during that time. Since November I've only managed to engage with her on two occasions, the other times ive just seen her sleep, sometimes the camera isnt even on our child.

I've previously emailed about something else and all I got in return was 'please refer to court order'

I am going back to court to vary the order as contact in the centre isnt progressing as planned.

Can someone word an email for me in a way that avoids the previous response 'please refer to court order'?

Thanks in advance

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  housing issues
Posted by: Tigre - 01-17-2020, 05:20 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (12)

1. I have learnt from this forum, that the law does not require a child to have their own bedroom if they are under 10 years old, and the court order is only for "contact". Obviously they need their own room for full residency, but what about for "lives with both order" if the child still only lives with me during weekends and holidays and there's no midweek? Would the child by law need their own bedroom for that? So lives with both staying with father Friday to Sunday 3 out of 4 weekends + over half of school holidays.
Would it be acceptable that we live in a one bedroom flat for the above arrangement? So either the child sleeps in the same room as me, but in their own bed, or alternatively, the child takes the bedroom and I sleep in the living room full-time. The 2 rooms are separated by a corridor.

2. Currently having some issues with my landlord and am worried about potentially being evicted. I would like to go to citizens advice bureau to understand my rights but will that go on a record somewhere with the local council? is this something social services or cafcass might get a hold of during their safeguarding checks etc ? Currently in court awaiting final hearing. Going for residency, ie lives with me, and I am now worried that a record with the council or CAB re my query on potential eviction will ruin my chances in court. If it doesnt come up now in time for my hearing, I am also worried that it could hurt me down the line if I apply to court again and it comes up in cafcass letter to court or something. Does anyone know how this all works?
Thanks!

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  How to cancel a financial case?
Posted by: batman - 01-17-2020, 12:33 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (2)

Hi. I've been trying to negotiate a financial settlement with my wife for several months. She is very slow to respond or make any decisions. I think she suffers badly with anxiety of decision making. I've remained extremely patient hoping that she can deal with things in her own time. However, as soon as decree nisi came through her solicitor applied to court for a financial case. She tells me that she told her solicitor we were trying to negotiate between ourselves but the solicitor suggested applying to court anyway to get a date set uncase we did not reach an agreement. She let them go ahead and apply to court which has started the clock ticking. I now have 4 weeks to prepare and submit Form E, etc.
However, she now tells me she wants to finalise the agreement we've been working on. I said I need her to get the court case cancelled so that I don't have to prepare for court, which I now feel is getting urgent. She said that her solicitors receptionist told her its not just a simple case of cancelling court and that she would have to present evidence that the case is now settled. The problem is, while we have drafted our own agreement, its going to take a while to have solicitors draw up the agreement legally and get it agreed in order to show it to the court. I'd like to avoid the costs of preparing this with my solicitor if its a waste of time.
Can anybody tell me if this receptionist is correct? What is the proceedure to cancel a financial case if its no longer required?
Thanks

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