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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have received from my ex husband over the Xmas holidays a

Customer Question

I have received from my ex husband over the Xmas holidays a C100 'Application under Children Act 1989 for a residence, contact, prohibited steps,specific issue section 8 order to vary or discharge a section 8 order'
This was completely unexpected with no prior warning or consultation.
His reason for making this application to be heard in the High Court before Mrs J....... is to 'request from her a variation order. The order sought is that she set aside Section ... of an order by Mr J. ....in the family division of the high court of justice....'
There are misleading inaccuracies in the application.
Firstly ... There is no order of the date by the High Court Judge noted. BUT there is an Order on this date from the Court of Appeal part of Ancilliary Proceedings with the paragraph stated re. Payment of my sons school fees to made by father .
As there is no financial reason the father is not able to pay can he have a High Court vary a Court of Appeal Order.
Over the last 4 years there have been 4 different incidents when my son's school fees have not been paid. Earlier this year I with my lawyers put an application into the County Court for non payment of 3 terms school fees amounting to over £30,000 just before the hearing he paid under duress however the hearing did take place for costs I was issued a cost order for all my cost incurred that day in the court and the Judge was particularly critical of the father not paying the school fees. My son's father has not paid this past term school fees and the next terms fees are now due. The school have told me that they are now instructing Debt Collectors to collect the outstanding fees.
Also is the C100 the correct Form for Ancilliary Hearing.
Thank you I look forward to your answer.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Just for clarity the only request being made is for the School Fees Order to be revoked - no more or less contact etc?
Claire
Customer: replied 3 years ago.

Just the school fees.


 


Thank you.

Expert:  Clare replied 3 years ago.
Hi
Was the original School Fees Order made under Section 8 of the Children Act (unlikely) or within divorce proceedings
Claire
Customer: replied 3 years ago.
Within the divorce Ancilliary proceedings
Customer: replied 3 years ago.
Divorce Ancilliary hearings.
Customer: replied 3 years ago.
The application was made by him without representation.
Expert:  Clare replied 3 years ago.
Hi
It would be comical if it was not causing you so much distress.
When is the first hearing date set for?
Claire
Customer: replied 3 years ago.
In Birmingham High Court January 23rd and I am away!
Expert:  Clare replied 3 years ago.
Hi
The application is clearly worthless.
A Section 8 application cannot be used to change a Financial Order.
I would suggest that you write a letter to the court immediately stating that you cannot attend the hearing on 23rd January but that in any event the application is unfounded - send copies of the relevant orders and ask for the matter to be dismissed without a hearing
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33314
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much. Delighted to know the application is worthless. I will proceed as you advise. Hopefully this will be the end of the matter but won't count on it.
Happy New Year.
Penny
Expert:  Clare replied 3 years ago.
Hi
My only concern is that the hearing will be allowed to go ahead so that your ex has a chance to explain what he wants in case there is some confusion involved about what he meant to say.....
Claire

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