What is a court order?
A court order is a formal decision made by a judge. It sets out what must happen, what is allowed, or what is prohibited. Court orders are legally binding, and breaching one can lead to penalties including fines, enforcement action, or in serious cases, committal to prison for contempt of court.
Orders can be final or interim. A final order settles the matter at the end of proceedings. An interim order is temporary and stays in place until the court can make a final decision. Courts make interim orders when urgent action is needed before a full hearing can take place.
The content of any order depends on the circumstances of the case. Judges have wide discretion to tailor orders to the situation in front of them.
Find the right court form for your situation. Family, civil, criminal and tribunal forms.
Try our Court Form Finder free, here on this site →Common types of court orders
Court orders exist across many areas of law. In family cases, which make up a large proportion of applications, you may come across several specific types.
A child arrangements order deals with where a child lives and who they spend time with. This replaced the older terms of residence orders and contact orders under the Children and Families Act 2014, though these concepts are still frequently discussed in practice. The order will usually set out the living arrangements and a schedule for time with each parent or other family members.
A specific issue order asks the court to decide a particular question about a child's upbringing. This might cover matters such as schooling, medical treatment, or religious education. Parents sometimes apply for these when they cannot agree on a single issue but do not need wider arrangements settled.
A prohibited steps order prevents someone from taking a specific action concerning a child without the court's permission. This could include stopping a parent from removing a child from the country or changing their school.
Outside family law, court orders appear in many other contexts. Injunctions can address neighbour disputes or harassment. Possession orders deal with housing matters. Enforcement orders support debt recovery. Non-molestation and occupation orders protect victims of domestic abuse.
The type of order available depends on the area of law and the specific problem you need to resolve.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
How to apply for a court order
Applying for a court order means completing the correct court form and submitting it to the appropriate court. The form you need varies according to the type of order and the area of law involved.
For private family law matters involving children, the standard form is the C100. This is the application form for a child arrangements, prohibited steps, or specific issue order. You can download it from GOV.UK, where you will also find guidance notes to help you complete it accurately. Pre-application mediation requirements or exemptions may apply depending on your circumstances.
Other family matters use different forms. For non-molestation and occupation orders in domestic abuse situations, the relevant form is FL401. Financial applications on divorce use a separate set of forms.
Getting the form right matters. Courts may return incomplete or incorrectly filled applications, which causes delay. Read any accompanying guidance carefully before you start. If you are uncertain about the process, consider seeking help from a solicitor, a law centre, or Citizens Advice.
Most applications involve a court fee. Fee amounts change, so check the current rates on GOV.UK before you apply. If you are on a low income or receive certain benefits, you may qualify for help with fees using form EX160. Eligibility depends on meeting specific financial criteria set by HM Courts and Tribunals Service.
For many family applications, you will need to attend a Mediation Information and Assessment Meeting before the court will accept your application. This is a session with a trained mediator who explains how mediation works and assesses whether it might help resolve your dispute. Exemptions exist for cases involving domestic abuse or child protection concerns.
What happens after you apply
Once the court receives your application, it will be processed and listed for a hearing. The other party will be sent copies of your application and told when and where to attend court.
In family cases involving children, the court will usually arrange a First Hearing Dispute Resolution Appointment. The exact process can vary depending on the specifics of your case. At this stage, a judge or magistrate will try to help the parties reach agreement where possible. If agreement cannot be reached, the court will give directions for further steps, which may include reports from Cafcass, the Children and Family Court Advisory and Support Service.
Cases can settle at any point. Many do not proceed to a final contested hearing because the parties reach agreement during the process. Any agreement can be turned into a consent order, which has the same legal force as an order made after a contested hearing.
If your case does go to a final hearing, the judge will hear evidence and arguments from both sides before making a decision. You will receive a written order setting out exactly what has been decided.
If someone does not follow a court order, you may be able to apply for enforcement. Options include applying to the court for penalties, variation of the order, or in serious cases, contempt of court proceedings. The available steps depend on the type of order and the circumstances. Legal advice from a solicitor or law centre can help you understand what action is appropriate.
The court order was made in June. It specifies the dates she must go and stay at his house (4 hours away) and when she stays with me where she lives. It also states that any time with her Dad that is missed through illness etc can be made up at October half term. This is the half term she is supposed to be with me.
My question is - Can he enforce this part of the court order if the missed time through illness was BEFORE the court order was made? She was in hospital during Feb half term as she was diagnosed with type 1 diabetes and couldn’t go to his house. The Court order was then made in June. Many thanks.
I fled the former marital home in Jan 2023 from a long marriage and I now recognise that it was abusive, at least for the last 2-3 pre separation,our 3 (20,18 & 9) daughters continued to live there as there was no harm to our children, it was a 21 year relationship,16 years married .
I was being Financial abused along with associated coercive control/emotional abuse,and parental alienation,and now there’s still a level of control of undue influence and emotional duress over me that has had a huge impact on my mental health.
I was told by my ex husband that until I have removed my name from the joint mortgage and jointly owned large patch of land that’s attached to former family home with a property adjustment order,for him to retain any joint savings,ISAs,bonds we jointly had,also retaining 100% of his pensions with a pension sharing order,and finally a lump sum of £37500, he won’t allow me to have any form of contact/visitation with our daughter Emilia rose who then was 7,she’s now 9!!
I’ve been left with a massive amount of debt,most of which is matrimonial debt,due to the complexity of the financial abuse and associated fraud ,
My reputation has been diminished,my integrety has been violated,my relationship with our 3 daughters has been destroyed,my abusive suffering has impacted my mental health. From Jan 2023- march 2023 I was homeless,in may 2023 my ex husband stopped all contact between myself and our daughters,he filed for divorce,in the past 6 months he has offered me 3 financial consent orders to which ive dismissed,i have no legal representation due to being on universal credit and have no access to any money to fund the legal fees i so desperately need,ive attempted MIAMs as im aware i could possibly get gov miams vouchers but my ex husband has refused, this was in march 2024, hes wanting me to sign everything over to him,the house,the land,full parental control,a clean break,he still wants that continuous control even now.
He applied for a divorce in may 2023,the next 8 months I received 3 financial settlement offers. The first offer was £20000,cash lump sums,the second was £25000,the third was £30000 and I verbally accepted the fourth offer of £37500 in aug 2024, the consent order was drafted by Ramsdens solicitors his legal solicitors, however a month later I'd still not returned the documents as I felt it wasn't a fair offer,I'm expecting £110000, he also wants me to sign over the marital home,the jointly owned land adjacent to the house,his full pension,all access to any joint isa,bonds,savings and investments,a clean break, and also full custody of our 9 year old daughter.
After not returning the consent order as verbally agreed to, 4 weeks later in October this year I received an appointment to attend a MIAMS meeting that he had arranged at a cost of £200 for me to pay, I agreed to attend and informed
However, Companies House tell me that I have to submit various forms to get my name taken off the register. They also told me that I am also registered as a shareholder and so the only way to be removed in that capacity is via the issue of a court order.
I'm furious that I have to take this action to protect myself and that Companies House are singularly unhelpful, but I acknowledge I need to do it to protect myself. Can anyone please advise if they have had to do the same thing and also let me know the Court Order form I would need to complete?
or do I need a further order?
My ex and his solicitor will not comply with any of the court order which was time sensitive,
I can no longer afford to have a solicitor myself.
Desperately need advice please
Kind regards
Diane
They are relying on a letter of Authorisation which we have stated has a signature that bears no resemblance to the directors signature. This LOA has no terms and conditions attached , the LOA is dated 2018. yet they point to T & C's at an online website that was published 2020 for the breach, Another fact is that a contract with a company named Total Gas and Energy was allegedly signed 7 days prior to the date of the LOA using the same signature.
We have made these points clear but have received completed N1 claim forms (not issued by the court) from both the above company and the IP administrators FRP ltd.
We have issued a cease and desist letter but from an email received we believe they will breach that. we have reported the matter to Action fraud. We now find out that these two companies are subjecting 100's of businesses to the same treatment.
What order would be best to apply for and what form should be used to stop them in their tracks.
I have a court order to sell property date given, took him back to court for decision on estate agent (got that), back to court again for sole responsibility of sale, him to vacate with 28days and conveyancing agreement if he doesn’t sign. Now that date is fast coming up but what do I do if he doesn’t leave the property???
As you can see he’s not abided to any previous court orders made and the property should have gone on the market last Feb in accordance to the first court order made. Judge said in last hearing that it was a simply procedure but didn’t tell me what it was. Also Ex husband has never turned up to court for any of the hearings but has been on telephone.
What is the next step please? This has been going on over 3 years!
I recently was awarded access to my child every other weekend, Thursday to Sunday.
The Court Order was made at trial on a Thursday and emailed to both parties on Friday. When is it live?
If it is live as of the Friday, my ex had my child at that time. Does this mean the immediate next Thursday is my day? Or, because the order was made mid ‘share point’, should it take effect the next week?
Thanks
THANK YOU FOR YOUR ADVICE
The court then changed dates and with my depression and inability to sleep I got confused and turned up on the second day thinking it was the first. The Judge with no compassion had given her half of my assets,ordered me to pay half of her costs and completely ignored my evidence of her cohabitation with this man or the 23 years age difference between us as I approach retirement and she can easily work. I then discovered she did this to her first husband as well, using our polce force and courts to further her quest for easy money. This immigrant woman with not even a Briitish passport set me up, executed her plan and has made a mockery of our court system designed to look after genuine people in genuine cases.There is no help for me or justice when you are dealing with Judges who cannot see the end of their nose because their inflated egos are in the way. At 64 I have very little to look forward to in my retirement except having to continue working forever. But at least I have our beautiful daughter who s worth all the money in the world. No legal system is perfect, but I thought in this country it was a great one. Now I realise it is absolutely worthless.
I need advice from professional solicitors.
I have 11 years old girl. I split with her father after her 3rd birthday. He never cared about her really. It was nightmare living with him... Always drinking parties even he was taking drugs aggressive horrible to me and not seeing problem in what he was doing
I was so glad happy when I finally kicked him.
After all I never had problems like with him to look after my child.
Unfortunately not long time ago police stop me for one incident I just lost control I was just stressed out because of few stuff in my life
Local authorities took my child for "temporary" order. Her father was angry about situation took her for "holidays" I agree with social services to do safety plan with her father because I really wanted my child to be back to me this situation never happend before I was really worry about my child. I agree she will be back with her father to my flat.
I am so happy my child is with me but it was mistake with her father I agree with him to not be couple but he is acting like we and he was saying horrible things to my child.
Aggressive horrible frighten me from beginning and it's all wrong again...
Unfortunately I need to wait till they finished assesment and I could carry on life with my child
At the moment I feel sick like I can't say or do anything about this because social services are not so clear to the end.
To be honest I wish him to go immediately after all!!!
I do not have feelings for him at all!
But he is using situation...
I love my child I'm happy shes back but him..OMG
If social services are doing assesment can I draw consent? Or it's better to wait for assessment ite done?
I will definitely spoke with him about him moving but...his so hard and maybe drugs or alcohol is involved because he acts strangely.
Anyway what else I can do?
I have done several calls to people who can give advice and nothing..
He agreed to monthly indirect contact and my solicitor very kindly agreed to act as a go-between refusing to take any payment from me for doing this for the last 12 years. Contact soon dwindled to twice a year (Christmas and birthday) from my ex to my son. He has made no effort to pay maintenance over the last 14 years.
My son has no wish to be in contact with his father which means I just send a recent photo as reciprocal contact to keep up with the court order.
My problem is that my solicitor has retired and the new solicitor, understandably, does not want to take this situation over at all. Also, my son wants to change his surname and not have his fathers surname anymore. I am afraid a record of change by deedpoll will be in the public arena and we may be found.
I'm very tired of being a piggy in the middle and nobody being happy. Is there anything I can do?
Many thanks
Before the court order he was just as bad at paying his share of the mortgage and I constantly had to chase him. He owes my family thousands, which I agreed to swallow. He lied on his Form E and works cash in hand. The court order stated that I am to give him a lump sum on the sale of my late parents property. I would like to apply to the court for a variation of the order and deduct a calculated sum of money for Future child maintenance. Will I be successful? Has anyone got any advice? Tia
or the names listed or in error?
These conditions have not been met and the 1st of February is fast approaching. How do I enforce the Court Order to bring about the sale of the property?
The UK passport office has requested for a court order, to be processed, instructing them, based on a court order, before they can cancel my daughter's British passport.
I need the appropriate court order, to effect the cancellation of my daughter's British passport. I have already reported this matter to the Metropolitan Police last year and the UK Home Office. Kindly note.
Can you advice?
I look forward to your feedback. Thank you.
Kind Regards,
James Bradford
In 2001 My Daughter And I Had To Leave Her Violent Father.
My Father Contacted A Solicitor - Letters Correspondence Between Solicitor / My Father / My Former Co - Habitor / Partner.
I Kept My Side Of The ' Full Parental Responsibility ' -
He Was Given ' Partial Parental Responsibility ' .
I Allowed Him To Have " Supervised At Family Centre / Unsupervised Visits
And A ' Defined Court Order 2003 ' - Weekends And School Holidays ' .
The Thing Is I Have Lost My Copy Of ' All Letters Correspondance Etc and ' The Defined Court Order ' Details ' .
Solicitor Policy - Files Only Kept For 6 Years.
In 2007 He ' Suggested That Sarah Should Live Him Until I Got Better '.
I Was Ill With M.E / Chronic Fatigue ' - Came Back Because He Subjected Me To Domestic Violence For Nearly 5 Years.
Because He Was Very ' Coercive And Emotionally Manipulative ' - I Knew If I Have In And Let Him Have Sarah Live With Him Temporarily - I Would Never See Her Again.
So I Contacted The Same Solicitor My Dad Originally Contacted In 2001.
A ' File Note ' Was Made - And A Letter To Sarah's Father - Which I Still Have - Explaining To Him He Didn't ' Strictly Adhered To The ' Defined Court Order 2003 " Because He Violently Harassed Me ( And Sarah )At A Train Station - He Was Demanding To See Sarah More ' Without Using Court Order ' / Something Like That - I Can't Remember Exactly Because The Incident Was Very Traumatic For Me And Sarah.
I Continued To Let Him See Sarah - He Said ' Sundays ' Near Where I Lived / Because Were Both In Receipt Of ' Welfare ' - I Couldn't Help Pay For His Bus Fare '.
Then In March / April 2008 - He Just Suddenly Stopped Visiting Sarah - With No Warring To Me / Consultation With Me.
Sarah Said In His Words ' I Didn't Think You Be Interested In Seeing Me Anymore "
But Sarah Was Just 11 And Half Yrs Old.
I Didn't Hear From Him For Over 3 Years.
Then In Oct 2011 - 11 Weeks After My Younger Sister Maria Died From Cancer - Sarah's Father Phoned Me To Say He Had Met Another Woman Called Angela And That They Had Got Engaged.
2012 - Sarah Was Missing Her Father - She Asked Me To Phone Him - He Said ' I Can't Visit / I Moved To Devon ".
But On ' Find My Past ' Genealogy Website ' - I Found Him And Partner, Angelina And A Relative Of Hers, Roland - 2012 Electoral Roll - ' For The Same Address In Keighley - The Address He Gave Me When He Phoned Me In 2011 - But On The ' Electoral Roll ' / He Lied About His Age.
I Phoned His Mobile And Landline Numbers - They No Longer Exist.
I Was Able To Contact In - Laws I Found On- Line - They Had No Idea What He Did To Me.
He Was In Lowestoft, Suffolk / He Didn't Attend ' Family Funerals ' - They Don't Wnat Anything To Do With Him Since He Received Money From One Of The Parent's ' Wills '
Then Xmas 2018 - He Was Back In Bradford - It Was A Horrible Shock !!
But
Ex picked her up for the first visit on the 4th May and spent the entire 4 hours with his girlfriend and the kids (2nd time kids meeting her), our eldest has had several meltdowns since returning. She’s very confused.
I won’t receive my order until late next week when ex is supposed to collect them. I would like the children to see their daddy but not with his new girlfriend at this time. It’s affecting our eldest emotionally so what are my options here please? (I’m not sure if it is written in the order as the hearing was quite quick)
My father died last Saturday 6 April. My sister has obtained a court order to stop me from attending a religious funeral ceremony at my Dad's house.
Will I get a copy of the court order from the Court?
Can I appeal or take any action?
Thank you.
If the court have made a mistake then how do I get it corrected? Does it need to go to a judge?
I would be grateful for your help. It makes a difference to
I have made a court application to take this back to court as I have a Court Order which proves that he acted against the Spirit of the Order and in so doing changed the outcome. I have a child (his son) with profound special needs and he has indirect contact only leaving me with all of the day-to-day care so I cannot work as I am a full time carer.
I have received an obnoxious email via his legal representative attaching a Form H advising me that my application is vexatious and they will ask the court to make me pay £1,500.00 court expenses.
The Original court order was broken 2 weeks after issue and my original Solicitor said she acted on the information available at the time and in good faith. I contacted the Building Society, the Land Registry, financial Ombudsman and two Solicitors and no-one would take responsibility or accountability. I took it back myself in the end as Litigant in Person.
If it was broken, surely there is no 'clean beak' settlement?
3 weeks before the court order date was up he fled the country leaving his house to be repossessed and approx £180,000 in other debts.
He is now living in Spain if there anyway I can still try and get him to meet the agreements of the court order even though he is now not in the UK ?
When requested from the phone company , they told to submit a COURT ORDER to give the report .
Please help me how to get A court order in this regard ?
May
My ex wife lives in our martial home with our 7 year old son and her new boyfriend who works full time. (who my son hates, but that's for a different part of the forum!)
She has no rent or mortgage to pay as I owned the house outright before I met her. When we first decided to divorce it was all quite amicable and we agreed to sell the house and spilt the money 50/50. I agreed to stay with my parents until this was done.
I had an agreement drawn up with a solicitor and she was happy with this until.......she went on holiday, met this guy (the new boyfriend) and next thing I know she'd refusing to sell the house and has moved him in.
I would never see my son unhappy so I then proposed that we do a 60 (for her)/40 spilt of the money but she still refuses to sell.
I have worked out that she would have enough money to privately rent in the same area for about 25 years with the 60% she would get. My son is unhappy living where he is anyway so it is not making it any better for him to stay there.
She just wants to basically live in this house rent free.
Until it is sold I have literally nothing. If my parents had not let me stay I would be in a hostel.
What can I do. Please can anyone help I'm getting to the end of my tether and losing all hope.
Mark
She is still trying to stay for the 56 days. We have said that we are not averse to this, but cannot afford both properties (I currently rent) as it would be £1600 per month for both - way beyond what we can afford. We have therefore asked her to pay towards the cost of the mortgage payments for as long as she is there. She got 50% equity from the ToE - £26k.
She has refused to pay this, telling us to get a court order as that's the only way she'll pay.
We have tried to be fair to her, but she now seems to be taking advantage. To my mind, even if the agreement was still in place, there was nothing in there about it being free-of-charge or sole occupancy; however, the agreement was removed in any case.
Is she right in her assertion that we would have to get a court order?
Are we being unreasonable? The only alternative we have if she doesn't pay is to move in with her, which would be less than satisfactory for all concerned.
They are married (as opposed to common law) and have adult children over 21 so there are no child issues. Prior to the ToE, she hadn't worked for over 15 years, hence her being unable to buy him out of the property.
Any advice would be gratefully received.
Any advice would be welcome
I’m at a point that I’m cashing as lump sum. However, she has moved, the pension company have traced her but she fails to answer their letters and they will not give me my half until she does. She doesn’t need the money and is just being obstructive. What Can I do. I’m living in almost poverty
Anyway, it's about 7 months since any contact with the solicitor present on the court day, I am now in council property and have still not received any order to pay the costs. What is going on? I don't want to call the court in the case that they may have overlooked my liability.
My ex partner left to go live with his new girlfriend in Indonesia in January 2015. we have joint tenancy and I want to do a mutual exchange with a friend. my ex is more than happy to have his name removed but, the housing association says he has to sign forms infront of a housing official or I have to get a court order! As my ex has no intention of ever coming back to the UK I have to do the latter. How do I go about this without paying a solicitor?
I have a child maintenance payment in force in form of a court order that was agreed in our divorce that he is to pay this until our child leaves full time education etc.
It is my understanding that after 12 months that the ex husband is entitled to approach Child Support and pay me as per their calculation (which would be a lot less than what I receive now).
Is there a way to stop this from happening? I.e. Have the court reinforce it before it's 12 month anniversary is up for the order currently in place?
Thanks in advance
I seperated from my wife last year and she continued living in the property with our 2 children. Since then she has stated that she has no long term plans to remain in the property and she instructed me to have it put on the market. This happened six weeks ago. Since then whenever the estate agent has tried to contact her in relation to the sale all the calls and messages have gone unresponsive. I pay 100% of the mortgage and just want it sold so that I can get a place of my own but my ex wife is making this very difficult.
If I wanted to apply for a court order to force through the sale of the house what would my options be?
Can anyone point me in the right direction about how to get a court order to get a copy of my old passport application?
I need a copy of to show who the countersignatory was for a court case against an old employer (who was the countersignatory). Passport office will not help without ex-employers permission which obviously he will not give.
Thanks
Ive a financial court order against my ex in relation to child maintenance payments. He resides in a non REMO country and not for any British companies. To get anything from him is a challenge each month. He has now invested money in property in the U.K. but paying little tax as he as other people's names on the mortgages. He's refusing now to pay his maintenance ordered by the court, even though he has it and as you can imagine this is putting us under financial strain. Is there anything I can do? Thanks all in advance
I have done a c100 and carcases more or less said I am unfit mother although I have worked with children all my life and currently work as welfare officers to 420 children every day .
I have moved out of home and my ex has my son during the week and I have him 3 weekends out of 4 half of all holidays.
any one who can give me any advice on this matter I would be grateful
My son does not want to live with his father during the week and he would like to live with me during the week as he wants to attend school near me he will stating year7
so much for considering his wishes and feelings
I have evidence from the mortgage company that payments have continually been made late and that no attempt has been made to apply for any remortgage on the property (despite the fact that the mortgage is running at a high rate and remortgaging would save significant sums and i strongly assume is within financial reach of her and her co-habiting partner). remortgaging to remove me from the mortgage is being purposely avoided.
what options are best pursued to enforce a remortgage / sale to get my name off the mortgage?
The ex is refusing to sign the TRI form for her name to be removed from the other property unless l transfer the matrimonial home to her name and her sister. This means my children no longer has interest in the property. I refused
How do l remove my ex-wife from the property
The ex is refusing to sign the TRI form for her name to be removed unless l transfer the matrimonial home to her name and her sister. This means my children no longer has interest in the property. I refused
How do l remove my ex-wife from the property
I have a court order which states my 12yr old must live with me and designated days for access to see his dad. My son has decided he doesn't want to live with me anymore because my partner of 8 yrs told him off. He then got his dad to pick him up at 11.30pm. This was over 3 weeks ago and he is refusing to come home, my ex husband is "keeping out of it" in his words.
What can I do?
His dad is out of the house most mornings around 5am and does not return till approx 6pm. I am concerned he is left unattended with no one watching what he is accessing on the internet, if he is getting fed right, and he is allowed to take his iPad and phone to bed with him. This all goes against my parenting as I am strict. Friends have said he will be back but I'm heart broken.
Any advice would be much appreciated. Thank you
Paid CSA payment to mother for 10 years..
May 2016 Daughter and mother had a falling out and she has now resided with me pretty much full time. Im in receipt for child allowance but refused any maintenance payment as the child maintenance service say we have a shared care agreement and there is NO case to be answered? Daughter stays with mother 2 or 3 nights per month, but when asked by CSA she refers them the court order (Shared care) and no payment for her daughter upkeep are made..
Again do I have to take this back to court and amend court order as its no longer 50 /50 More like 90/10, & when it was 50/50 how or why did i have to pay maintanance
My ex has not seen my son since he was a baby. He was violent towards me, He has PR however my son now has my surname. I want a court order in place so my ex can't collect my son from school, my son starts this September. Due to him having PR he's able to.
Any advice would be greatly appreciated
I have a court order for shared residency for my daughter, which my ex wife respected until 2 days before my daughters 13th birthday.
She then gleefully told me that because my daughter was 13 she could make up her own mind and she didn't want to see me any more ( she also bought her a puppy on the same day and told her that she would have to be responsible for the dog and couldn't go away for weekends any more)
I spent over £10k going through the courts the first time, when my ex wife accused me of attempted murder by poison, and only backed down when the psychiatrist report came back saying she was borderline schizophrenic.
My legal advice now is that I will have to go through the full court proceedings once again if I want to enforce the order.
What a pile of rubbish that is. Fathers are discrimated against totally. I have paid every penny that I am supposed to,pay and much more besides even though it meant not eating at times for me.
How can I go about suing the court system? Court orders are a waste of time for fathers, even though it bankrupted me and my ex wife who has more salary and assets than me got legal aid.
It is state sponsored child abuse on a massive scale.
Hopefully fathers will wake up in the coming years. Vive the revolution
I owe a debt on the flat I live in.
Due to unforseen employment circumstances I found myself in court regarding the debt.
A court order was made for payments to be made each week which has always been adhered to.
I now wish to leave the flat and the area and have been offered a small amount from the landlord (council) to do so.
Can they take the remaining debt from the money they propose to give me to leave? Or do they need to adhere to the court order so that I may continue to make the payments as I have been doing?
Thank you
1. I'm allowed to take him on holiday abroad if I give mum details a month before but I took him on holiday 3yrs ago it was meant to be America but the price was £2000 for me and my son for 9 days so I changed it and took him to Disneyland Paris for 5 days without mum knowing because I know she would of tried to stop me but I told her the minute I came back. She won't allow me to take him on holidays anymore...
2. My son is becoming very emotional and upset even at school, I've asked the school to do a CAFF on him in which they have and his stated he wants to see me more and live with me what can I do?
I bought the house for the full asking price and this was determined by a charted surveyor, months before we were married.
She has an ongoing civil case against him under The Scottish cohabitation law, will I be liable for this award if any
I wonder if you could give me some advice?
I was divorced 13 years ago and my ex had a charge put in my property, our youngest child has left full time mainstream education and is full time at university and I've lived with my new partner for 6 years and we have a 4 year old together and his 15 year old son living with us so going by the charge he's in his right to claim his 25% back now...
My problem is we can not afford to pay him as I'm now no longer able to work because of being disabled and my partner has had to go self employed so he can care for me and our children and he only has two years of book work so he can't help by getting a mortgage etc so the only way to give my ex his share would be to sell our family home and by doing that we could very well become homeless because the council would not be able to help us because I would have too much money from my share of the equity and because of my disabilitys it's very unlikely we would find a home with the adaptions I need or be willing to allow future adaptations to a rented place...
Is there anyway I can get this charge overturned?
The thought of making my children homeless is breaking my heart surely there has to be a loophole in the law...
I never wanted this charge in the first place I felt very bullied into excepting it especially as I divorced him on the grounds of domestic violence both towards me and our two children at the time...
Since the letter from his solicitor arrived last week it's been like the last 13 years never happened and I'm right back under his control but it's not just me it's hurting it's our oldest two children and my little girl, stepson and partner who are also suffering at his hand yet again...
Please help me I'm so frightened of loosing everything I've worked so hard to rebuild after a nightmare marriage that I don't know what to do for the best I don't want to see my family homeless or split up over this...
Many thanks ??
The Land Registry has now removed the Charge and I do not want my name on the Order as I have nothing to do with the proceedings as they stand.
Please help.
The order says:
every Easter from noon Good Friday to Easter Saturday 5pm commencing 2016.
His interruptions:
Easter falls on the weekend of 16th & 17th April. My weekend. My time Friday 14th - Sunday 16th April. A normal weekend.
I feel this could be argued both in our favors, he interrupted it one way, as he said and I, just as the order states, in my opinion. Now, help me out here. Have I missed something or does the order needs more clarity? How can I go about getting it looked at again to avoid without the judge understanding my case? Sadly he's unreasonable and I feel I won't be able to agreed it with the courts help. What help, suggestions can I get please. Our child is only 2 years old and we have the same issue for Xmas which also includes the routine pattern meaning a total of 8 journeys totallying over 2 hours each journeys just for this Xmas period alone - how can I explain this if for too much for a child of this age to the court? For clarity my ex refused to half the journey time for our child despite every single proposal I put forward to him. He threatens to get lawyers write to me if I didn't do as the order states. We came to this oreee under much pressure packed with various emotions at the time and now we have applied it a few times so far, it's evident it needs more clarity and thoughts. Please help and hope this makes sense. Harder to explain it all like this but hopefully I will get a little help/advice. With gratitude Soft-Ice
What do I do?
We recieved a suspended reposession order 4 years ago on our property,It was a 2 year suspended reposession order.
We got the arrears down to nearly £100,Now my partner has been stupid and skipped payments,Gone into new arrangements with them,broke them,gone into new ones,broke them and now it has all come to a head and i have found out.
I am dealing with all finances now and trying to agree a monthly payment plan with the mortgage company.
They have today issued an in breach of court order letter,What this means i do not know.
They have said it gives 7 days to agree a payment plan,I have offered £300 per month off the arrears.
Are we going to be evicted? This letter has me stressing like mad,I have 2 children and this is the last thing i need.
Any advice on what to do or what will happen will be appreciated.
I left the property that was brought with my ex in 2000, I left the property in 2009, as we split up. In this period, he was meant to be buying me out of the property but never has. I am now due to be married next year and want my name taken of the mortgage, however this can only be requested by my ex, which I know he will not do. Therefore can you please advise how I go about getting a court order for the property to be sold please.
Thank you
I would like your advice on a specific matter of dispute over a joint ownership.
I purchased the property in 2007 with my ex partner each contributed in equal shares. We separated and moved out 6 months later and agreed for the property to be rented out.
In 2016 she decided that she wants the property sold. She took advantage of the fact that i reside in Australia and started to advertise the property without my accord. She also did not inform the real estate that the property is jointly owned.
Given that i reside in Australia i cant buy her out but also if i give up this property i will no longer be able to buy another one in the UK and i was considering this as my pension. I also have another partner and a young child therefore every cent is important. My view was that i want the house kept as an investment. I would like to keep the property however if i have to sell i would like to get best deal. Also we both paid our mortgage without fail for the last 9 years.
I need your advice to the following questions;
0. Should i accept a 52.5% share of the profits of sale? I have initially asked for 55% given that i will no longer be able to buy in the UK.
0. Is it reasonable to ask her to sign a sworn declaration to state that she will not withdraw more than 48,5% of her share from the bank account once the sale is completed? She has been dishonest towards me in the past.
0. Her lawyers are saying that they want to handle the sale,is there any way i can get lumbered with hidden fees? Should i request that the sale to go through an independent solicitor?
0. Also i reside in Australia, how can i sign the documents for sale in the UK?
0. And lastly how successful are her solicitors likely to be in applying and obtaining a Sale Order? How long is that likely to take?
Any advice / tips on this matter would be appreciated.
They had a lot of joint debt, which he agreed to contribute towards. The initial court order was for him to pay £300 per month (£200 for the children and £100 towards to outstanding joint debt of £18k, 9k to be paid by him). He earnt around £1150 every 4 weeks. Unfortunately he was demoted at work and had a huge council tax bill to pay so he contacted the court and managed to agree through solicitors to a reduced payment of £50 for the debt and to arrange child maintenance through the CSA. He now earns £950 per four weeks. He now pays roughly £250 to his ex. This leaves him not much money per month, after all his bills and rent. I do not live with him so therefore do not contribute to his household bills. What also should be noted is that she paid off all the outstanding joint debt by re-mortgaging the marital home soon after the initial court order was signed. She never disclosed this fact until the second threat of court when my partner said he couldn't pay the initial £300 per month. She is demanding that he repays the interest on her new mortgage which was never agreed. Surely this is not correct? It was her decision and nothing to do with my partner.
She is now being difficult with regards to contact with his children. She insists that he pays for school trips and other activities for his children, despite earning a lot more than him and cohabiting with another man in a new relationship. He has no spare money to do so without leaving himself in further debt, which he is unwilling to do. He has destroyed his credit cards and insists he will never have another one. She is blackmailing him by saying he cannot see his children unless he pays this extra money. He has been very firm and said "absolutely not". He is adamant that he loves his children and wishes to see them always but cannot afford this extra money. He treats them when he can when they are with him.
This he been going on for several weeks now. He has finally become annoyed and upset enough to decline to pay the £50 towards the paid off debt unless he sees his children. He maintains payment of the £200 per four weeks via the CSA agreement. He will never default on this unless his becomes unemployed. He feels he has no other option but to force her to take him back to court to be able to access his daughters. He doesn't want to do this or have any contact with his ex wife unless it's about arranging to see his children. He has been adamant about that from the start.
What can my partner now do? Any advice would be appreciated. She has not been in contact since he d
Could you please tell me the necessary procedure for asking for an alteration to a court order. I was divorced in 2011, my children were 16 and 20 at the time, due to my salary at the time around 51,000 and my ex earning 24,000. i gave her the marital home which she subsequently sold with a 45,000 profit. i was ordered to pay her 300 per month to equate our salaries and also a 23% pension share. Since the divorce i have now retired from work and receive a pension of 18000 per year after tax. i also do a small p/t job which gives me 6,000 a year after tax. is there a possibility that i can get this order stopped or reduced
Many Thanks
Paul woolley
I don't believe my wife thought I would be applying to court for the children order but she has left me no option with the lack of contact and also games she has been playing.
I have been arguing for and trying to get 50/50 contact/residency.
Ive been whiter then white, done everything I can, went to a Mediator monyhs ago and she would not attend (again i think she is just happy with the current situation where she seems to hold all thr cards and dictate everything) so was given a MIAM.
However now with 3 weeks to go to our first court date a Mediator company has now been in contact stating she has put forward for mediation. From research her solicitor is linked to the mediation company as one of their mediators and was a secretary for the company before and I believe helped set up the company.
Could anyone give me an idea why now she would be doing this? Is it some sort of game from her solicitor? Could they be trying to point score in court by now saying they've tried mediation? Could they be trying to delay the hearing or get it canceled by saying they are trying mediation? Or could it be the honest route (which I doubt) that they cannot really afford court as she is on benefits and wants to mediate to solve things.
Any information on possibilities would be appriciate as I've been lead a merry dance so much now by her and her solicitor.
Thank you!
My ex partner left the property a yr ago leaving me to pay the mortgage and the bills myself.
We have 2 children together whom live with me.
He hasn't payed a penny csa and refuses to do so.this is in the hands of csa.
He won't agree on anything and won't respond to my solicitor.
He's now being informed that I wish to proceed to court.
I want to remain living in the house with my boys . I also have 2 other boys 1 whom has left home and 1 I share custody with his dad.
My 2 youngest from the partner in question have autism and don't like change and desperately want to stay in the house.
My worry is even though I pay the mortgage and bills and keep up with my payments . I'm concerned that as I'm on benefits will I be allowed to take on the mortgage myself and have a transfer of equity to remove my ex from mortgage and deeds.
I really don't want to lose the home.
Please help.
Last year my cousins ex partner took him to court to make custody arrangements for their child. Part of the court order was that the child wasn't allowed contact with certain family members. Apparently this includes myself, as accusations of violence have been made by his ex partner (however never proven). I am being slandered on social networks for no good reason and have ignored every provocation, I have not had any contact with the child or the ex girlfriend since before this all began.
On Sunday I was in my local library with my partner when I bumped into my cousin and his child. The child walked ahead as I chatted briefly to my cousin about his weekend. No verbal or physical contact was made with the child. The ex has since sent a message to my cousin stating she is going back to court for a C79 order / form because he has breached this court order by allowing the child contact with me.
No contact was made, as stated, and this was a completely chance meeting in which the child must have informed her mother once she returned home.
Is there any legal record on me that I might be unaware of? I am a practicing nurse and would like to know if files are kept about me, as they could impact my future practice. Also I would like to be made aware if I am being slandered in court.
Secondly is there anything I can do at present to assist the situation? My cousin is upset and worried, and it's through no fault of either of ours.
Thirdly - the ex girlfriend has stated various times on Facebook that she has a restraining order out against me - could this be the case? Would I not be made aware of this at the time? I have received no correspondence from any authority throughout any of this and I am concerned that my name has been brought into what is an otherwise personal argument between the ex partners.
Kind regards.
I attend a hearing with my ex on Friday to arrange steady access to my daughter as she stops contact when she feels like it. Regular contact was arranged but there was an issue over Xmas. The judge finally ruled that my ex and I would have my daughter on alternate xmas' however my ex demanded that on the years I have my daughter I collect her at 4pm on Xmas eve and return her 4pm on boxing day and that when I don't have her for Xmas day I pick her up at 4pm boxing day. Now here is my problem...neither my ex nor myself drive and she lives over and hour away by car, therefore in the agreed Xmas arrangement I would be relying on my partner to drive me there and back which isn't fair as my ex has harassed her to the point the police are involved and we also have a baby. I also think it would be fairer if we split the Xmas holidays and have my daughter a week each specified by whose year it is for Xmas. The judge didn't ask my partner whether she agreed to this and as you can imagine this has caused some disagreement and also made me realise how unfair this is. My question is as the order has not been finalised yet(the hearing was only a week ago) can I contest this without further costs and before the order is finalised? I don't want to contest other contact arrangements just Xmas. I am also surprised the judge was not happy to include in the order about the amount my ex contacts me as this is unnecessarily excessive and aggressive in nature and was a point within the parenting plan I was asked to complete. Can I contest this as well?
The judge didn't ask my partner whether she agreed to this and as you can imagine this has caused some disagreement and also made me realise how unfair this is. My question is as the order has not been finalised yet (the hearing was only 2 days ago) can I contest this without further costs and before the order is finalised?
I don't want to contest other contact arrangements just Xmas.
I am also surprised the judge was not happy to include in the order about the amount my ex contacts me as this is unnecessarily excessive and aggressive in nature and was a point within the parenting plan I was asked to complete. Can I contest this as well?
The same old story
I left my ex she we have two kids
She's refused access lies hatred to the police courts school
Filling the kids with hate towards me
I have lodged c-100 three times against her for my kids
Granted on all occasions
But in a final hearing I agreed but I cannot do what the order states
So I'm in breach of what I asked the family courts for
Simply asked for the kids to sleep over and to collect them from school once a week
For some reason the judge every other week sleep over and the nights I work collect the kids from school ?
I said the day would have to be staggered because of work
The other thing by refusal to attend mediation and agree payments I'm a de fault payer even though I've paid
Which has put me in hardship
Which is stressing me out
The kids can go abroad but nrp I'm left with no money out of a wage I earn
Wrong
Chikd tax working tax housing benefit and a part time wage nearly 2,000 a month for the mother
The mother has feed the kids hate
But I'm a criminal or being made out to be one
All I want is access to my children
Equailty just doesn't work for men wanting to be with their children
What we did not know: the bank will not allow us to wait to repay any longer. They will take this from the collections department where the matter is dealt with now, to recovery. If this happens, we both cannot get a loan for six years. So i didnt pay my half, because I will have to borrow it from my parents who will have to sell their car to help me. I asked my ex to show me his repayment plan, to ensure i would not end up with recovery at the bank. Instead he went to court to force me to pay my half.
I have no idea why he cannot start paying back but instead pedantically insists I pay my bit first. The agreement was based on information which turned out to be wrong.
I am happy to pay my bit, but there has to be a guarantee i do not end with collections. I still care for three of our four kids and he pays nothing. He was ' fired' four days after i filed for divorce.
Question: what can happen to me? Will a judge really make me pay knowing I will end up losing all my, dire, creditrating and risk not being able to house my kids in a few years when I have to sell as per court order? This was an agreement, not an order.
Help please!
my father now wants to pull out of the sale and for my partner and I to buy the house at a reduced rate to allow him to stay in the home with me caring for him. can his ex wife stop this as it would be detrimental to his health? at the moment she is not agreeing to him pulling out of the sale and she doesn't know about his health conditions as they are not allowed contact between each other.
I had a court order on me for non molestation,a few weeks later it went to court to be amended which meant I was allowed to contact my partner for contact with my son and I was allowed to go to her house for the purpose of our son the only thing I couldn't do is cause trouble or damage her property or use violence against my ex partner.
One Sunday I was out in the car with my son and my ex which later on the police stopped me for a faulty brake light and during the stoppage the policewoman notice there was a order on me but on her system it was the first order what was presented and showed up on the system so I handed them the amended version of the order which they escorted me back home to go and get it .once I gave them the new version they said they would give me benefit of the doubt for tonight until they spoke to there superior on whether I breached the order or not .the following day they rang me up and said they would need to arrest me and take me to the station for questioning which I made no fuss in doing. Once they escorted me to the police station they detained me and put me in the cell from 7pm till 10am next morning where a officer came in and told me I would be interviewed and taken to court if it was a breach...10 mins later a woman came to my cell which I believe to be from the cps she said I was allowed to go because it wasn't a breach and now it's been updated on the system she could only apologise to me and said we shouldn't of arrested you ...would you say that was a unlawful arrest,false imprisonment, falsey detained ???
I have not filed myself as i need my money for the children so i told my solicitor to no longer act for me. Needless to say i have upset him again and it has started again. I sold our family home as i could not afford it and agreed a settlement which i have him sign a full and final settlement letter in agreemnet to the amount.
I am now in my home and he doesnt help with anything and pays me a measly £100 per child which was supposed to be reviewed 2yearly - Question how is that inforced?? as it feels like who ever files for divorce has the uperhand and he messies me about with his weekends beleives my tax credits are there for the children!!
Anyway i could go on in starting the divorce again he has now filed the Decree Nisi but his new solicitors have said that the court rulled by pay half his cost and are now suggesting if i dont pay they will enforce this tree years later. Can they do this? Is there a time limit? i dont have the money? what do i do.
they are also asking me to sign a finacial remedy order but the form is not total complete and i want a review of his circustances why should i supply mine as the house is sold and he has had his money?
any advise as i am going to respond to the solicitors myself. i just cant afford any more money on this.
Beaten Mum :(
A little advise,
I have recently gone through divorce and an agreement on assets has been made. I have one problem. Under the agreement I must remortgage the martial home into my own name by mid August or sell the property.
I want to keep the property but am unable to raise the mortgage until then due to debts that were caused through the seperation. I was told that if I dont complete on time my ex would seek a legal order to force the sale.
If I sit tight and wait until I can get my mortgage, what can my ex do? How long is the process usually from application until a court grants the sale? and is this likely to mean our original agreement is overturned?
My husband has been dealing with an immigration matter for the last 5 years. He has not been allowed to work which meant subsequently all his legal fees were paid by credit cards which were in my name.
His immigration legal solicitors lost all appeals and my husband has now left the country and me in serious debt of over £50,000.
Is there anything I can do to claim this money back to clear this debt as his solicitors knew he didn't work or that he could afford legal fees however insisted on payments which I had no choice but to pay via my credit cards.
Please help. Regards
Sorry there are so many questions, but like the previous poster my ex is a nasty bully (alcoholic policeman), who has caused me five years of litigation, £23k legal fees and still wants to bulky me by taking me to court all the time. Can I get him classed as a vexatious litigant?
Any advice gratefully received. If I hire a barrister for the hearing, would I be able to claim costs against my ex on the grounds that it is malicious litigation?
My ex husband took me to court for children proceedings- and a final court order has been sealed. This was 10 months ago.
He is now threatening to take me to court again- to increase his access. He basically threatens me with court proceedings if I ever disagree with him.
Can he keep taking me to court again and again- especially as we have a recently sealed court order?
My ex uses court to scare and bully me- as he's very aware I don't have money for court fees.
Any advice would be very helpful.
Many thanks
My husband left me with 2 young children. The mortgage was in just his name so that we could get a better mortgage. He took me to court and the judge decided it was best to sell the house.
He has now sold the house but he will not contact me to give me my share of the money which is a breach of the court order. How do I go about sorting this?
Thank you
Is she not in contempt of the Order for sale?
I have no financial interest in the property nor access to the property. What are my options in ending this situation?
Do I go back to court to prove she pulled out of the sale - Can I be given full possession of the house and sell It without her consent. I am fearful that there is nothing stopping her accepting future offers and then not consenting when it comes time to complete the sale....I am at my wits end as to how to resolve this situation.
I have a joint 50/50 residency order week on, week off basis with one phone call midweek.
This has been in place now for nearly three years and is working great with regards to the emotional effect a family breakup has had on my two children.
Unfortunately my ex partner is very manipulative down to the point i got accused of domestic violence, child abuse and sexual abuse during the break only for her to retract everything after we got to the final hearing a year and half later.
Part of the court order is that we only communicate through a contact book handed over every Sunday on the handover of the children.
If I raise issues or ask a question about my children she doesn't reply or the contact book dissappears. So I introduced using email every Sunday so my questions or issues are logged and timelined and have proof I've stuck to the court order. My ex used this for 8 months and now has gone back to using a book or even sending cards.
I don't understand why she doesn't want it logged or proof of what we've been discussing.
How do I get the court order tweaked from using a physical contact book to using email?
Do we both have to be dragged through court costing us both a lot of money for something so petty and little.
Thanks Rich
I have been apart from my now ex husband for 8 years and we have a 10 year old daughter together. There is a court order in place regarding contact, but he has not adhered to this for over 3 years. He has her far less than he should, which I have not questioned as I enjoy having the extra time with her!
For the past 9 months or so, we have been having lots of problems with her behaviour. She has been violent, abusive, rude and very hard work. We managed to get an Early Help Team referral and, because of this, it emerged that my daughter did not want to stay over at her fathers house (the court order says she should be there for 3 nights every fortnight. Its been 2 for the past 2 years again his choice) Because she is 10, I feel her voice is important and should be listened too. I offered her father the choice to see her during the days on the Saturday and the Sunday and I would drop her off and pick her up each day. He refused, said it was all weekend or nothing at all. For the past 3 months its been nothing at all. I worked hard with her and she finally agreed to see him for the day on Sunday. Since then, her behaviour has been awful again and she is saying she doesn't want to go back. What do i do? Can I ask to go back to court as it wasn't me who started the process 6 years ago?
Many thanks,
My solicitor made put a notice of bankruptcy on me my partner backed out of the loan to me.
Mediation was only agreed because I was borrowing the money to pay solicitors .
Reason for not paying in the first place was solicitor ruined my case
1/. Solicitor forgot to put paperwork in on time ( Mitchell )
2/. First appeal solicitors send legal secretary ( judge through case as I was not represented properly
3/ second appeal solicitors let me go could not overturn last decision.
4/. Forth appeal down to London judge agreed we must do mediation
Solicitor would not attend mediation with me and I settled in mediation
I got two assets back sold one paid all people I owed , second was first charged to my partner
And she refused to lend once she go winds of bankruptcy
Can I go for my solicitor . Need help
When we got divorced I agreed in a court order to pay her £10,000 after 5 years which I did reluctantly as I feel I was bullied into the whole thing.
I also agreed in a court order to pay 1,200 per month in maintenance but within that year my company went bust and we made a verbal agreement that I would pay £600 per month and also pay for any extra cost,I have now after 5 years received from her hand a an order from the court to appear at court in 14 days as she is claiming back dated payment amounting to 37,000 this will once again make me bankrupt also why would you wait 5 years to do this,what can I do and has she got a case I am a good dad and have never walked away from my responsibility to my children financially or mentally do you have any advice.
Kind regards
Dan
Can a judge make an order for him to produce them for my inspection?
He has also failed to pay bills and bailiffs have been to cut off electricity supply and various other things that he just fobs off.
Can a judge also make an order with regards who should run the business given he is jeopardising our business?
At the time it was taken out the maximum lump sum according to the terms of the contract was 25%.
Pension legislation has changed and I am going to fully cash it, because of this the insurance company is saying she will now get all of it because the order states she is entitled to the maximum lump sum payable.
if it states according to the terms of the contract, surely that means the terms at the time the agreement was drawn up?
My ex has agreed to only taking the tax free cash and 50% of the remaining fund and has written to the insurance company, is this legally binding even though there is a court order in place?
If I have to get the court order amended how do I do that and what is the cost?
This is a friend not a partner, she made friends with this woman after we split up they are not an item my ex is straight. I am worried about the environment around her friends house as her new friend is a drug user and has a very dangerous ex partner that is very violent. Can I get a court order to stop my ex taking my son around this woman and her family as I fear for his safety ?
I am concerned for my child's safety as i know that my exes new friend has a very violent ex who she has a restraining order against because he used to abuse her and locked her and her children in there house for days will being violent. this was all very recent and i know her ex is still trying to find out where they live.
I have been told by numerous people that my exes new friend uses drugs and has them around her children.
i would like some advice to see if i can get an order to stop my child being exposed to this new friend and her family as i am concerned for his safety.
Decree Nissi hearing April 2016. I accepted the amount, even though it was half the amount initially asked for as I couldn't afford to go to final hearing.
I am a Carer to an adult son so am unable to work many hours.
Prior to FDR hearing my ex resigned from well paid job and took a job earning half his original salary. As the new employment only commenced a few weeks prior to hearing no payslips were provided.
I was unable to prove that monies had been hidden but suspected. It has come to light that some monies were hidden as yet another exclusive Carribean holiday was booked immediately after hearing. He pleaded poverty in court.
A property which he came by from inheritance was taken into account and the valuation figure was stated as £375,000 two months later it is on the market for £460,000.
Maintenance has been paid late and not by standing order as per court order.
Do I have a case to go back to court for increased maintenance? Is it worth my while or will it be too expensive?
I had to go to court for an ancillary order prior to my divorce as my ex would not move out the house .
The court ordered him to move and I can stay in the house until it had to be sold in 2019 . She ordered a 60/40 split even though he has not paid anything on the mortgage for the year before he was orders to moved and since . What I would like to know is that amount based on the value at the Time or the current value when sold as it seems that the house is now worth another £160000 !!
Any advice appreciated please
I had filed the case back in 2014 and at that time I was advised to make a claim under £5,000 as making a claim over that amount will incur high court fees. I waived the extra amount owed to me and made a claim under £5,000 as advised and was told I would get the court fees paid back to me if I win. So in total I would get back £5,000.
After more advice I was told that it would be a good idea to take it to mediation to try and resolve this matter out of courts, which I did. This did not work because the defendant wanted to pay back even less than what she owed me. Then the process of taking it to court commenced again. With the combination of the above and the defendant claiming they had not received documentations, the case was held on the 18 January 2016. I prepared everything that I was told to prepare for the courts. This was a debt that was to be paid back in two weeks back in 2008. (Traumatic strain emotionally).
When a family member helped me out and put everything on a spreadsheet for me I was gob smacked in what I had paid for this person and didn't realise just exactly HOW MUCH SHE REALLY OWED.
Anyway I was awarded the original amount even though I fought, I thought well in court. The defendant didn't even show up nor supply any documentations as requested to her by the courts!
Would I be able to do anything about the remaining amount owed to me? I was told by someone if I had worded everything well in a letter to the judge I may have got everything that was owed to me. I had explained to this person that I had verbally told the judge and through all the documentation that I had compiled... the evidence was there. I felt the judge who was asking a question... prove and show me the evidence of the interest incurred over the years!!!! I had rung the bank after the court hearing and they had said, that you cannot predict interest year on year, but like any borrowing, surely interest is charged and over a eight year period!!!! I felt that the judge was unjust in asking me to provide evidence of such a thing when you cannot provide this. The judge I believe didn't even look at my spreadsheet nor all the evidence I compiled in a lever arch folder, from bank statements, credit card statements, original loan statements, letter from defendant stating I did take out loans for her back in 2008 (she was just disputing the amount). Even with all the evidence I provided I was just awarded the original amount of less than £5000 and the judge didn't even mention the court fees, she just awarded me £4,700.
I hope I have given enough background information. I would be grateful to my two questions being answered. It would be great to know what steps I can or cannot take.
Kind regards Angel
It is now the middle of February 2016 and we are still no further forward. I have been patient with him, as he said he wanted to wait until he had paid some of his credit card. Since November he has been telling me he is waiting for an answer back from the bank, still haven't received that answer!! I have constantly had to chase him for an update as I am being left in limbo and have no idea whether this is going to get sorted and whether i am going to get my money back. He has now blocked my number as he is 'sick of me contacting him'!!! I did threaten to put the house up for sale but he told me I would be liable for all of the fee's which I really cannot afford, and I would hate for both of us to lose our money (the house is a mess, it wouldnt make any money on it)
I have spoken briefly to a solicitor and they have advised me that I may need to put in place a court order but I know nothing about these, and to be honest i dont know whether I would have a chance at getting my money back as when we got the mortgage we agreed we would set up a joint account so that we could both put money in there and all the bills and mortgage would come out of there, and what ever was left would be savings (we agreed he would put more in as he earned a lot more than I did). The joint account was not set up by the time we got the mortgage so he put them all in his name and we agreed that once the joint account was up and running he would transfer all direct debits to there and in the mean time he would pay bills and mortgage and I would pay for the holidays (we had 2x weddings which totalled £5700 not including spending money) the food shopping, my car and petrol which we were supposed to be sharing, pay the debts on the credit cards. This obviously did not amount to what he was paying but it was only supposed to be very short term. After constantly badgering him to transfer the direct debits this never happened and when we split up he cancelled the joint account straight away. So now it is always thrown back in my face that I dont deserve anything as I never paid for the mortgage or bills, but to be honest all I want is my deposit money back which I think I am entitled too.
What can I do. I need someone's help as I have absolutely no idea what is the best course of action!!
I'm hoping I can get some advice. My ex husband had always had access to our daughter. He used to see her every Saturday. He has a serious drink problem and lately this has become more evident ( he has fallen over several times in front of my daughter). I decided to stop access as the last time he had her he was so drunk when he dropped her back that he fell over and couldn't get up. My new partner had to take him home. A member of the public had also complained to the police saying he was seen driving with my daughter in the car! I was absolutely mortified at learning this as I had no idea he was driving. My question is can this be enough to get a court order to stop him seeing her? Will I be made to let him see her as I really don't trust she will be safe with him.
Thank you.
Any advice would be appreciated
He paid a little towards the boys for 2 months after he left, but since then nothing.
Ive been paying off the mortgage ever since he left(which is in joint names)along with all the other bills, i also paid off a joint overdraft of 600.
I have since met a new partner and sought legal advice a year ago regarding the property, before my partner moved in as I wanted to be sure my ex couldn't force me to sell due to having a new partner, im sure the solicitor told me that as soon as the youngest turns 16 my ex can apply to force a sale (this will be this coming may) other things I've read are 18 or for as long as they stay in education.which is correct?
I'm not unwilling to buy him out, just right now it's not feasible, im on minimum wage and can only just scrape by as it is, on my wage I can't get a mortgage for enough to pay off the existing and extra to buy my ex out, so I fear I'll be losing my home come this May.
My new partner proposed at Xmas and after hearing this my ex started asking the youngest if I had his money yet, there would be approx 40k equity in the house so I'm assuming he expects me to hand over 20k,the solicitor told me,that I could say to him considering he hasn't paid anything to the youngest since he left that would come off his share also he should be paying towards mortgage,so that could be taken off his share along with half of the joint debts he left and any repairs I've had to have done on the house,and any fees involved considering it is him that wants me to sell,is this correct?
My new partner says if I did That it could make my ex turn nasty and he could walk back into the property as he still has an interest in it being on the mortgage if he doesn't get the full amount he is expecting,he also said being honest if you had moved out would you still be paying towards a home you no longer live in,I can see his point,but should he pay towards it considering he still has a financial interest in the property?.
I know my ex works(says he don't) but for himself so can make money disappear,as he don't bank it,so he'd just say he hasn't earned anything so he wouldn't have had to pay anything towards our youngest.
Our son told his dad That I'd said legally he would be obliged to pay something towards his upkeep, to which he replied once your mum pays up I have no problem giving you pocket money.im always made out to be the bad one,and that he lost everything,even though he decided to cheat and leave his family.
I know if I marry then my ex would no longer be liable to support his son,is this correct? Does my new partner moving in make things worse for me than if
As the 91 order states 'net value of property at time of sale less amount to redeem mortgage and estate agents / solicitors costs' can I ask the court to credit me for the fact that the mortgage capital has already been paid or does ex get 45% of full value?
I cannot afford legal representation and know his solicitor will use every legal trick against me. I wish to present my case clearly, so would it be wise to attach a concise 'letter to the judge' with my application stating my reason why the order for his 45 % charge should be lowered and the outstanding arrears owed to date be enforced? Ex's solicitor has already tried to bully me by allowing only 4 days between 4th - 8th Jan 16 to obtain/ seel legal advice and supply a valuation!! Thanks for any advice
Following my divorce, at court hearing of 8/11/90 it was ordered that he transfer all beneficial interest in the property / endowment within 6 weeks in exchange for 45% charge against net house value at time of sale he was to cover all mortgage arrears, household bills & pay £15 maintenance each child until 17.
He failed to do any of this so I obtained a further order in April 91which enforced the earlier order giving him 28 days to transfer mortgage/ endowment over, I paid off most of mortgage arrears, capitalised a further £1000 but he pleaded ' unemployed' so I was granted all arrears + interest until time of sale.
He finally transferred endowment in nov 92 and the mortgage some when around that time.
With a legal bill of £4k ( more than my extra 5% worth ) I just gave up and brought the kids up
And paid mortgage.
2015 update: he has never paid a penny towards kids, only £1000 on mortgage before we divorced and now sends me a solicitor s letter saying he wants his 45% or he will force house sale!!
I have paid all mortgage interest + capital and am now disabled with just my sick money.
I sought a free 1/2 he legal advice and was told to 'forget fighting it _ he's entitled to his share!!
Surely this is a case of unjust enrichment? He's gained everything at my expense.
I can't afford solicitor , what are my options please,
I would just like to know where I stand legally with regards to finances.
I am angry that a judge signed an application that was quite obviously flawed/fraudulent. My time was wasted, my children affected, the court's time wasted and no action taken against my ex. He is making my life hell anyway he can think of and he's being allowed to get away with it. What can i do?
The caffcass agreed in the hearing and other evidence that the father was to have postal contact with the children at this time until he has stopped drugs and drinking and has attended parenting courses and sorted out his anger issues.
Sept 2015 the magistrates agreed with the caffcass officer that letterbox contact once a month was agreed.
Now the end of november my ex husband has applied to the courts once again regarding contact with children which I have to attend in January 2016
He hasnt stated on he application to the court about the last court hearing regarding the contact order decision in sept 2015 or that he was convicted of domestic violence.
Surley this isnt right and the court shouldnt proceed as a decision has been made by the magistrates until hecan prove he has stopped smoking drinking and taken the appropriate action to help with his anger issues and has attended paenting courses?
Any Advice would be greatly appreciated
The problem is that my ex wants to keep the house and is threatening to take me to court, being certain that as apparently 'he owns a greater share in the property' the court can order for me to be moved out and paid off by him. Is this something that court would do? Seems very unfair to force someone to move whose name is on the register as a joint proprietor. Thank you for all your help in advance.
I was in court yesterday representing myself for the final hearing of my financial order application. My ex husband was awarded 25% of the equity in our property so I was told to pay him within 1 year or I would have to sell the property and pay him the 25% from this.
I was a bit upset at the outcome and didnt ask any questions! Is it possible to ask the courts for an extension to pay this money to my ex as I don't earn enough money to pay this amount in 1 year? And to ask any other questions I have issues about.
I have a legal question if you can help.
I currently have a fixed 2 years mortgage with my ex. We have a 8 months old daughter. I recently came out of custody from a domestic violence (first time, due to arguing with my ex and I pushed her). I always wanted to sell the house (before I've went into custody), but my ex refused to sell the house, refused to buy me out, and refused I buy her out. I can't be in touch with her indirectly or directly for obviously reasons.
We both on the mortgage (I owe 90% and she owe 20% on the deed of trust). I believe she still refuses to sell the house. We're not married, but I understand there's a possibility by law I can't sell the house, plus I might still have to pay half of the mortgage, as we have a 8 months old daughter. Is it true, I can't sell the house until my daughter is 18?
My point is: I don't see how this could by fair, as 1) She's on £30pa (get £2000 after tax per month), and once we sell the house she will have enough money to get a one bedroom house, 2) It's won't be fair if I can't sell the house, as this means I won't get my money back to move on, 3) It'll be extremely unfair if not only I can't sell the house, but have to pay half of the mortgage? How am I'm going to live? I don't earn enough money to continue pay half of the mortgage and having to pay rent in another place, as I won't be able to live there. 3) Why should she live in a 3 bedroom house, where she is currently renting 2 bedrooms (that's more than the mortgage), and I'm paying for her sister as well to live there. Plus, I know once I find a full-time job, I also have to pay her 20% of CSA form my montlhy wage?
I'm hoping the judge could see this and there will be justice.
What's your point of view? I know mediation won't work with my ex, as all she wants is money, plus apparently, she has the right not to go for mediation due to the fact it domestic violence.
Thanks,
Please help
I have a morgage with my ex partner separated 5yr now 3kids, I moved out & never asked to sell for kids sake, turned up today for kids weekend and forsale sign on house, can she do this? We had 40k debs most in my name inc a car loan but she has the car, (about 12k is joint loan) she got advice and stoped paying her 1/2 then about 2 years ago so I had no choice but to go on IVA it hurts that if she sells now she walks away with 1/2 equity and mine goes to pay off our debts, the IVA has put something on the land registry so didn't think we could sell anyway?
Forgot to say I put the 20k deposit down (my parents gave me to buy a family house) she put nothing so 10k each but don't want my 1/2 to be taken in IVA and her to be free of all above debt have the car and 10k in her pocket
My questions please
1. Can she sell house without me knowing/agreeing ? Surely I will need to sign something
2. can she sell while I'm on IVA with the land registry thingies put on by my IVA manager
3.. can I ask the court in the form of an order for the 20k equity to pay of debts even if only the joint one?
3. She knows she's left me with nothing and knows I can't afford any legal help will all the above be expensive
Many thanks in advance
My ex and I have reached an amicable agreement for a consent order. We were married for 8 months (I know - I'm a stat). She didn't put anything in towards the house, or mortgage - so I get that. I also paid off some debts for her, so she has returned the rings in order to cover those. The consent order is essentially a clean break, giving the house to me and any other assets currently in our respective possession to whomever has them. Here's my issue: the consent order sounds like I need to go to court to answer questions, but I am self-employed and that'll eat into my revenues. Can I write a letter to ask the judge to approve without our (me and ex) being present?
Thanks for your help in advance.
I'd like to know my rights with regard to getting my wife to leave my home with immediate effect, some background as follows:
Divorce has already been filed and the papers have been in her possession for over a month. Irreconcilable differences listed as she broke up with me and proceeded to go out every single night most not returning home and refusing to attend counselling.
The house (although bought during the marriage) is solely in my name and I pay all of the bills.
Roughly one month after breaking it off with me she got into a relationship (physical) with another man and I have found evidence that he has been in the house when I have not been there.
She earns roughly £18.5k pa and we live in Rochester in Kent which is cheaper to live than London, plus her parents live ten minutes drive away.
She has refused to leave the house on the grounds that she cannot afford to rent and that she will find it difficult to find somewhere with a garden for her dog. In addition to her stating she cannot find the money to move out, she has this week informed me that she has gone on holiday for a week with the girls.
There has been absolutely no instances of domestic abuse, violence or intimidation the whole time we have been together.
I really am at wits end and feel as a man I have next to no rights. I am considering changing the locks on her this week when she is on holiday but have been told that she can apply for an occupation order? Surely a court would not force me to live with someone who may or may not be bringing another man back to the property?
Please advise.
Many thanks
Liam
Any advice no matter how small would go a long way. Thanks
Even though it clearly states in the court order that this must be done, it has been ignored and it looks like there is no intention of paying it.
What can I do?
Appealing to higher court in God. And going in for Round 2. Any suggestions please reply. Open to listening.
My x husband was ordered by court to pay half of the divorce cost in 2007. Till this day he still hasn't paid it I have written to him many times he keep ignoring it. And he is also in breach of a consent order since December last year . Again I have sent letters. He sent back one letter through his solicitor and I have sent 2 letters back . Even his solicitor is ignoring my letters. I want to apply to court but don't want to go through solicitors . I simply can't afford it . I don't know how to apply to court or which forms do I need to fill . Please help . Thanks
Thanks lee
It's so frustrating and expensive
I just want to see my son!
Any help would be welcome
My ex stopped paying CSA as went working abroad as he knew the CSA wouldn't chase him for money.
Can I arrange for a variation on the court order to reduce the lump sum paid to him on the grounds he stopped paying Child Support or will court advise that as long as he is abroad the CSA have no duristiction and therefore not in breach?
If this is the case can I apply for a REMO order and how do I do this?
what do i do now? is the court order worth the paper it is written on?
My partner has a Consent Order where his Ex lives in their FMH and the house is to be sold on the open market by 2018, once sold the equity split is to be divided 60(to her)/40(to him). His ex has now proposed her new husband buy out my partners 40% share. The valuations she has sent so far seem very low (as expected) my partner does not want to accept the buy out at a low price, if she went back to court for a variation, would he be forced to? Thanks
My ex-wife refused to allow me to have the children for the week that I had booked a holiday for them. I had to change the holiday arrangements and incurred additional costs of £600 in doing so. Can I reclaim this money via the small claims court and, if so, what cause of action would it be classified as?
Thanks
How can I confirm if a court order or a court judgement has been given (this year) in Derbyshire against an ex neighbour restricting access to his existing neighbour who is an 80 year old living on her own and very vulnerable. I can confirm he is currently being investigated by the police for mis-management of the OAP funds
I have made all payments regarding the purchase and deposit and paid for all the monthly mortgage payments, however the house was never put into my name!?
I have paid for all the repairs but now the house needs major repairs but as I do not legally own the house I am not in a position to repair.. Our house is cold and damp and causes Ill health.
My ex will not sign over the rights and uses the house to bully and control me.
I am now ready to go to court but I am scared everything I have worked for will be lost.
Where do I stand and what do I need to do next?
Can anybody legally help me?
My partner had a court order in place for 4 yrs that worked regular contact . Child now 8 was happy and see dad regular from the age of 4 twice a week and Fri to sun every other weekend. Decided to go back to court to try and change contact as ex partner was unreasonable and made it very hard for flexibility, weekends away and more holidays. Etc. When my partner tried to communicate and ask.. He was basically replied a big fat No. So court proceedings happened again...as soon as this happened his ex made it very difficult. The child started to change....would come fine when picked up from school but not when coming from home......long story short..his child has always been happy. She was spoken to by cafcass. Spoke that she liked her time with her dad. They're relationship become strained whilst court proceedings were happening.......the mum become controlling advising dad not to turn up to pick his child up, getting child to stand on door say they did not want to come. The outcome of court was he walked out with less contact than he had. I believe that this case was not looked into enough and that the court has made things worse. And a fair hearing was not what he had...
The ex even put a child protection allegation form in....with no allegations and that was not even considered. Since the court hearing June 2015 this contact has dramatically got less and less, he is still being harassed by the ex. The child's welfare,social and emotional needs are being played with. I feel the justice system has impacted massively and has made a situation worse for a small child.
That parent alienation is happening and has for the past 6yrs he has so much evidence.....what can we do. The cafcass officer and courts have played a huge part in this decision but no evidence was looked into.
I have been seperated from my ex for over 2 years now, we were never married and we have no children. I moved out of the jointly owned property but have still been paying my half of the mortgage. I wanted to buy my ex out of the property as she is not in a position to buy me out but she is refusing. I have been to court and have a court order for the sale of the property but my ex is refusing to let estate agents into the property to take photos for the sale. Also the court order states that neither I or my ex can be in the property during viewings but how do I remove her from the property when she refuses to cooperate with anything. I cant afford to keep paying half of the mortgage and move on. Please help I'm at the end of my tether which has resulted in major depression.
Could you advise me of the costs of this (with/without representation) and also how long this process is likely to take?
My daughter has just started college and is 17 she is retaking GCSEs, he said this morning he may not pay for her either. His circumstances have not changed and he earns more now than when the order was enforced. He hardly ever sees the children and they have never stayed with him.
Please help, very worried.
My ex husband took me to court for access to see our children which I never had any issues with and in fairness taking me to court was not necessary.
After 2 years, the CSA made contact with him as he'd never paid maintenance and since then he refuses to have them for over half of the time he took me to court on which has caused not only me but the children problems. The court order States that I must make the children available at the court order times but he doesn't have to have them. 8 months on and I'm going to have to change my job as everything was worked around the court order. Before I do change it I need to confirm if I can get the new visiting arrangements which gave been designed around him can be reviewed and amended on the existing court order or can the wording be changed to say that as he took me to court for access he should stick to the arrangements he requested (Barr emergencies)
At the moment I'm stuck in limbo but he has not budged in terms of refusing to have them) - his excuse is that he has to work extra hours to pay the £35 a week he pays in maintenance.
What can I do?
I have a joint mortgage with my ex, we have been split for 2 years. When in the house he paid the mortgage but I paid the bills. That was the agreement we had.
He has since moved out the country while the house has been rented out.
I want to sell to cut ties. He is refusing as he won't accept I get half as he paid the mortgage monthly!
Legally can I order to sell and am I entitled to half of whatever the property sells for?
Well there was no time limit set in this order the house has been up for sale for over a year several offers have been made and they have been very good ones but his ex refuses to agree on a thing with my husband resulting in several lost sales ,
Should there have been a time limit on this ?
How does he enforce the order and what would happen ?
How do I enforce this in the court as he has not notified them of his change ? Since the ruling my daughter became 18. Solicitor wants to employer a barrister. I believe I already have a ruling which has already cost me £ 4000 in legal advice
What do I now?
My husband and I split up 11 months ago and have joint names in our house, no divorce yet. It was agreed that after a certain amount of time the house was to be sold. The time has been and gone and it's still not on the market. Him and his girlfriend are now living in our house along with our other teenage daughter. I keep on reminding him to sell up but he's stalling. What can I do? Any advice would be appreciated as I'm getting stressed about it now and can't afford big legal fees. Regards
HE doesnt speak to her, take her anywhere and has never paid maintenance as he works cash in hand and declares he is unemployed.
He stops her attending social occasions and parties.
At what age will the courts stop enforcing the order as this is emotional abuse.She always returns to me very upset. She is 11 years old and due to start high school in September
Thanks for you help or any advice yo can give.
So survey done, could get another couple if needed.
How to get an order to do this?
How much are we talking....£500-£1000?
How long does this take to get to Court...weeks/months?
What happens once you get the order?
I have a restraining order on my ex as i was in a very violent relationship. My ex took me to court to see our daughter (he is on on birth certificate) The court found in favor that he is not to see my daughter but able to send cards on special occasions. That was a year ago. Can you tell me if he has lost parental responsibility or not. I want to change my daughters surname by deed poll but unsure if i am able to. Please help
Legally I'm of the understanding that as the mortgage is joint if one of us doesn't pay the other one has to or it will be re-possessed. Due to my financial situation we are now in arrears by approx 800.00
I have always worked 30+ hours per week but have struggled financially ever since he left me and our daughter. The only thing he pays is the CSA support for our 11 year daughter.
Would I be successful if I took the matter to a small claims court to recover 7 years worth of joint mortgage payments and a joint loan we took out (which I repaid), just before he left?
Thank you
Does my partner have to do anything or does the court write to her to remind her of her obligation. The court also ordered that her legal aid should be settled at the same time from her share of the house.
How is the order implemented?
Have had 2 daughters together 5years and 8years.
We are still in the house together.He wants to sell it am I in titled to anything.
Should he be providing somewhere for me and the girls
I met some one shortly afterwards and had a daughter.
My sons dad has done nothing but cause me trouble. Constantly rings social services. Reports me for fraud. Causes problems at my sons doctors, dentist, swimming lessons, hospital appointments, nursery and now school.
He is utterly obsessed with my daughters dad.. who I have been with for 7yrs at Xmas. But it has got to the point where it's effecting my son, ex has also bad mouthed me and my partner to my son, name calling, making up wicked stories. But it has recently emerged from my son that his dad smacks him and takes things away from him if he mentions my partners name. My son has started crying a lot at night and playing up at school. I am noticing him becoming increasingly angry. And I'm not sure what to do about it. I have spoke to ex about it and explained that the only person he is hurting is our son. And that he must put our sons feelings before his own. It's out of control now. My son doesn't want to see him any more, but there is a contact order in place. Although I feel that access needs to be suspended I don't want it to go against me. What shall I do? do I suspend access and apply to change the court order? He sees his dad every other weekend. our son has a hospital app next week to have teeth taken out and because it falls on ex weekend he is saying I cannot be there.
please help
Can I do anything about the distinct lack of continuity now being on the 3rd judge? without asking him to recuse himself.
regrds
kirk
My wife and I are looking to sell our home. She purchased the property 7 years ago with her ex, who left her with a number of credit cards debts and to pay the mortgage. He has since moved to Australia and has proved difficult to contact. Around 2 years ago he confirmed he would happily agree to the sale and wanted nothing to do with the property, however now we are ready to sell, he hasn't responded to emails.
Is there anything that can be done to force the sale of the property without is signature and without him being present?
Thanks
We have a 9yr old son together who I see regularly and for whom I pay maintenance.
For the wellbeing of my son, I agreed with her that I would continue to pay my half of the mortgage until the end of the 5yr fixed rate, upon which time we would sell the property and go our seperate ways financially. So for 4 years I paid my half of the mortgage as well as having to cover my own rent and bills etc.
This was obviously difficult and put me in considerable debt (which I am still paying off today).
At the end of the 5yr fixed rate, she went back on our agreement and said that she would not be selling the house. As part of the original agreement, I said that if this happened I would cease paying for the mortgage, a term which she agreed to at the time.
I thought this would force her to adhere to the original plan, but she has moved in her mum in order to cover the mortgage herself. I continue to pay maintenance for my son, but she uses this primarily to pay for the mortgage.
It is 3 years since the end of the fixed rate period passed and I have since got married during that time. In that time I have offered her as many different ways to solve this as I can think of, including giving her my half of the house for free. I simply wanted my name off the deed to severe the tie.
I don't think she will get the mortgage on her own and I don't think she wants her mum to join her.
Personally, I think she is happy to stall as long as possible, hoping that she gets to a point when she can afford the mortgage by herself. I think she is some year off of that target. She is also happy because it keeps a tie between us.
My wife and I have an 18yr old son together and she has a daughter from a previous marriage who is 12yrs old. We are now looking to buy our family home and move closer than the 38 miles I currently live from my youngest who lives with my ex.
Because of my financial tie to the house I have with my ex partner, I suspect that it is going to be difficult/impossible to obtain a mortgage. My wife doesn't earn a great deal and so could not afford it by herself whatsoever.
If I attempt to get a mortgage and I am indeed rejected because of my ongoing association with the other house, what is the best course of action?
I have investigated "Order for Sale", but I have also heard some bad stories.
I know that the children come first, especially in the eyes of the law, but we are now at the point where she is preventing me and my family (including our children) from buying our own home, so I'm hoping that the tables are slightly more even (common sense would suggest!).
My ex is particularly obstructive and as you can see, extremely untrustworthy. The above is one o
Surely, the system should allow me to request she be placed in front of the Judge for punishment! She will continue to carry out such breaches until punished! Its criminal how the system works!
Is there a way I can demand a Judge deals with this case face to face with her? So much for the new Childrens Reform Act
there is a court order for the sale of my daughter and her ex partner's family home and the proceeds to be split fifty/fifty.
My daughter has custody of their two children and they currently reside in the family home.
My daughter has managed to find the money to buy her ex out so she can continue to keep the family home but her ex refuses to let her buy it off him. Her ex would prefer to sell it to a stranger for the same price.
Can my daughter take it back to court to try and change the order.
Things have turned a bit sour and from the start of this year he has stopped paying his half of the mortgage and I am struggling to meet the payments on my own.Is there anything I can do like a court order to have control over the sale of the house or am I stuck paying the full morgage until the house sells?? Also we agreed when we purchased the house that if we split any money left after clearing the mortgage would be split evenly. Now that he has stopped paying the mortgage will I be entitled to the get the money back which I have paid over the last few months where I have paid his half of the mortgage???
Is there anyway of reporting incidents that can put on record before applying for breach of order? can it be reported to the police and recorded in case of further incidents?
Thanks
My other half split from her ex partner 6 years ago because she found out he had attached debts to the house that they both had together( joint mortgage) anyway he refused to move out so my other half did and went into private renting my other half won the divorce on grounds of unreasonable behaviour against her ex she also had a court order signed saying that he must take full responsibility for the house and bills including the mortgage payments until the house was sold or he could buy her out, also the house was divided 50/50 so that any profit would be split and his debts would just deal with his share and not my halfs.
Back to now and the house is up for sale but a debt company won't allow it even though the debt is very old before my other half was with the ex partner but also he hasn't paid the mortgage for 8 months now he has obviously breached the court order is there anyway my other half to take this back to court and reinforce this court order without solicitor representation as we haven't the money for legal aid.....PLEASE HELP
i have a contact order which states I have my children every other weekend and half of all school holidays as a minimum .
My ex mother in law is constantly interfering with the order, sometimes disallowing me to see my children. My ex wife drops them at her house for me to collect them.
There are times the ex mother in law makes my children lie to me telling them to tell me they are not there or she also make plans to take them out for the day without consulting with my self so when I go to pick them up she either isn't there or she refuses me access to them. She is not named or has anything whatsoever to do with the order but seems to think she can dictate when I can and cannot see my children, she is aware of the order but doesn't seem to care about the legality of it.
Additionally, we own a property in her native country, namely Slovakia. It is expected to be sold so that we can finally obtain a financial settlement. She is refusing to hand over the spare set of keys or to initiate the selling of it (she knows that there will be a language barrier making it very difficult for me to arrange the sale with local estate agents). Can I apply for some kind of court order forcing her to give me the spare set of keys and initiate the sale. If I can't, and I manage to arrange an esate agent, can I apply for a court order forcing her to sell the house when we get an offer? If this is possible, should I apply prior to finding a potential buyer or do I have to wait until a potential buyer has placed an offer on the property.
I would be very grateful for any advice that you can give
I have our two children for 2/3 of schooldays he has them for 1/3. We alternate weekends.
We have the school holidays 50:50.
I do the school run in my days most of the time but I use a childminder once a week. My ex husband turns up unannounced on the childminders day and distracts the children and makes life difficult for the childminder.
He says that he has the right to see his children when I am not there and that he will take them from school on my day if the childminder turns up. Because of my job I can't alter the hours on that day though they are only with her for an hour and a half.
This has not been agreed. He is continuously texting, emailing and harassing me, calling me names and telling me that I should be ashamed of myself. I have already had the police around to chat to him once to try to stop him from this emotional abuse. However that just did not work.
How do I proceed?
Does he have the right to turn up and take the kids from the childminder?
1) iIs my only home. I have got nowhere else to go. My parents do not live in this country and i have literally nowhere else to go with all the furniture etc. He has also taken the car.
2) I have spent most of the money on doing up the house and I have made it possible for him to set up his own business by paying the mortgage when we lived together.
3) I'm still in uni pt and working ft and I'm not qualified yet so have lived on a very low income and incurred debts to cover us whilst together.
4) I want to buy him out eventually when I'm qualified but unable to at the moment
5) I want to contest the 50:50 split seeing I have been paying for the mortgage for a very long time and most of the DIY projects as well. He has not contributed to any of the maintenance on the house since he left although i have been trying to get in contact with him 8) he has let himself in the house without letting me know and is now asking to get access to the house which i never refused him in the first place . All that was agreed was that he needs to contact me first. He wants access to do the house up for sale but it does not need to get done up as its already fine to sell if it comes to that.
9) he claims there was a verbal agreement that i would pay the mortgage which is not true... That can be confirmed by notes with mediation at an early stage
7) he walked out of early mediation and when trying to get me to mediate he ignored my calls and is now claiming i refused mediation. He has refused and ignored my attempt to get in contact with him.
10) he has prolonged the process until now when it suits him . He has refused me taking in a lodger for a long time getting me to think he would be moving back.
11)Health wise /mentally I'm pretty bad and finding things extremely hard and i cant physically nor psychologically go through with the sell at this moment in time
I'm not sure if I got any chances to contest the claim of an order to sell on some or all above reasons Thanks
Anyway im being bilked for the damages, can a court remove his name of the tenancy?.
He told one of children he will remove his name if I divorce him, I am unable to pay for a divorce!
Advice would be grstefully received thankyou.
Looking for some advice regarding my 15 nearly 16 year old son.
I have a joint residency order with my ex, up until 3 years ago she had very little to do with him. Approx 3 years ago she took on her part of the residency order and my son lived between us both.
I became aware of a domestic violence incident which happened in his mothers home and was against her. I believe this in not the 1st time it has happened, my son as far as I know witnessed the last one and no other time. Alcohol is a big part of my ex and her partners life.
I took him to live with me and he went to his mothers on the weekend, on condition the partner was not around.
She has now decided we are to go back to the original arrangement, the violent partner is still around and I think alcohol still a big thing in their lives.
My son like's staying with both of us but I know he prefer's his mum's, there are little boundaries in place, compared to been with us.
The advice I'm looking for is am i been too over the top complaining about him being there.
Do I need to go back to court and would it be worth it considering his age.
Would the court listen to me
Thanks for any advice Terry
Thanks
Our children were left inheritance money by their Late Grandmother to be put in trust until they are 23 years of age. Although I am a trustee with my ex he is refusing to put the money in trust until the house is sold. The children's money was initially put into his account whilst we looked for a suitable trust fund to invest the money in.
Can I take it back to court to put a hold on sale as I'm afraid the children may lose this money if the house is sold and he has spent the money.
Jenny
Since then he was sent to prison for 16.5 years for a historic crime of which I knew nothing about. This was nearly 4 years ago and I have been paying all the bills since.
I have stopped all contact with him.
Is there any way that I can remove him off the mortgage as he cannot pay. His release date is 2024.
I feel that I too am in prison as I can't afford to move and have the fear that one day he will return.
I'm at my wits end.
Also can the petitioner claim 30% of the cost of maintaining the property if it is at todays value from the defendant because she is paying him 30% of something he has not paid towards since he vacated the premises in 1990. I have a copy of the order and can send it if it helps.
When our relationship ended in 2001, my ex partner and I had already agreed that in the event of a relationship breakdown, I would be entitled to a 5% share of the property.
This was rubber stamped by County Court. The Judge ruled that this should be determined when my Son turned 18 in December 2011.
This didnt happen despite several letters in advance asking my ex to prepare for this knowing it would probably not happen when it was ruled to do so.
Several months had past before my ex eventually provided valuations, which would determine what my 5% would be. The valuations weren't realistic and have been going back and forth ever since.
There is still a mortgage on the property which has just lapsed, but the mortgage company have given the all clear for my ex to extend the mortgage. She wants me to sign the property in her sole name which I will gladly do as long as I receive a realistic figure representing the 5%.
She has offered an unreasonable figure so it looks like I will be going to court as a litigant in person to enforce sale of the property. The children are now adults, youngest is 21. All I want is my 5% which if jusging by the latest valuation will mean receiving a significantly bigger figure.
Have I got anything to be worried about? Is the order really the rubber stamp that I need?
The mortgage company are threatening legal proceedings if I do not sign the house over but I will not settle for less than I believe I am entitled to. If they repossess the property, the chances are I will receive the same as my ex has offered, so its in her best interest to either offer me more to settle and keep the house or make as much through a sale.
Is the judge if we go to court, going to rule against me and rule that the house cant be sold? What my ex will be left with in terms of cash, will be enough to buy a property outright.
Any help would be appreciated.
Thanks
Myself and me ex partner came to a agreement on contact (in court) a few years ago. Last year he moved so he lives 40 mins away. This isn't a problem on weekends. But he has my son on a Tuesday & drops him off at school on wed morning. As its rush hour this means my sons in the car sat on a iPad for around 1 hour before school. He's cries every wed morn going into school & his teachers have told me he's not concentrating n seems very tired every Wednesday. How do I change the contact order? My ex will not budge from the current agreement.
To get a court order too make him sell what will that cost me and how long will it take. Surely if I write too the council and prove my new address the council will address this won't they
I was buying pulled out through my buyers mortgage offer run out and my ex husband
Solicitor has wrote to me saying he is taking me back to court this was not my fault and
I cannot afford more costs can you help
I had a offer and accepted but it took six months and the person I was buying from did not
Have there paperwork sorted so I had to pull out sale now my ex husband solicitor has wrote and said he is going back to court this was not my fault the sale did not go through
The neighbours were unable to make a full report to the police as they fear for their safety as my x wife threatened one 84yr old because she helped me.
I am at a loss and have no funds available to take her back to court can anyone offer any advice where to go from here?
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