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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 21
Experience:  Moderator
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My ex partner is taking money from my 4yr old sons bankaccount,

Customer Question

My ex partner is taking money from my 4yr old son's bankaccount, how can I stop if.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
Could you explain a little more about the situation.
Where did the money come from and what is your ex doing with the money?
Claire
Customer: replied 3 years ago.

My ex and I have split up, there is £500 off the government when my son was born and about £1500 that he received at birthdays and Christmas gifts and money that I have generously given him. I noticed the other day that £30 was taken out of the account, and asked her if she knew anything about it, she replied that she bought him a game. My argumentiis, he is only 4yr old and does not know the meaning of money. I do pay her maintenance. Any way I can stop her accessing his account, I have been to the bank, they said no. Vaughan.

Expert:  Clare replied 3 years ago.
Hi
Were you married?
Whose name is on the account and are there any other financial links between you?
Claire
Customer: replied 3 years ago.

The account is in my son's name, we both signed at the bank when we set the account up. We weren't married, just lived together for 5writing.

Customer: replied 3 years ago.

The account is in my son's name, we both signed at the bank when we set the account up. We weren't married, just lived together for 5yr. I pay my ex £300 per month for his upbringing.

Expert:  Clare replied 3 years ago.
Hi
Are you both signatories on the account - or just your ex?
Claire
Customer: replied 3 years ago.

The account only requires one signature to withdraw money, but she has hold of his bank book. Please help.

Expert:  Clare replied 3 years ago.
Hi
have you asked the bank to freeze the account?
Claire
Customer: replied 3 years ago.

Yes, they said no

Expert:  Clare replied 3 years ago.
Hi
This is always a difficult area to resolve
The starting point is to try and negotiate with your ex using Family Mediation to agree a way forward.
One option would be to freeze the account until the child is 16 - which would seem to be the better way forward.
If this is not possible then you will have to apply to the court for an order dealing with the issue - expensive and time consuming.
The application would be to remove your ex as a Trustee of the Account
This would be a difficult application under the Trusts of Land and Appointment of Trustees Act - and would be expensive I am afraid
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola