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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my (5 yr seperated) husband has decided to go for custody of

Resolved Question:

my (5 yr seperated) husband has decided to go for custody of our 2 children (10 & 12) whilst accusing me of physical and mental abuse to himself and the children of which he has NO edidence. I was out of the country and children were with family when he "snatched them" on their way back from school. Social Services closed their file without seeing the children or contacting myself. The courts place them back with me last week as there was no evidense to any of his allegations. I presume he has applied for legal aid. Can I claim costs against him if he loses his case?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer fully:

What orders did the court make and what do the orders say?
Customer: replied 3 years ago.

Court order says kids to be returned home (with me) and he has every other weekend, one evening in week and half the school holidays.


He has to get evidence by 12 March to his allegations, kids have to see CAFCASS and we are back in court on 28 March.


 


Extimted 4-5,000 pounds. He has paid 2 moths maintenance in 3 1/2 years and have supported the kids on my own for this time. He has had months unemployed but when he was working chose as and when he would pay. He started a new job in November and by Jan he still hadnt paid anything so I contcted the CSA/CMS He was orderd to pay from 15th January ... not received a penny to this date.


 


There is no way he can get any evidenace there isnt any - He tried to have me arrested for Asult withut Injry in December last year but after police interview "No Further Action"


 


I dont have £5,000 to play his stupid games so would like to know if I can claim costs?


 


Thank you


Lisa


 

Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the information.

Firstly, it's a really good sign that the children were returned to you and that social services have closed their file.

Your husband is very unlikely to get legal aid for his application to court. Legal aid is now only available this type of application for victims of domestic abuse but ONLY if they can provide the very detailed and specific evidence that the Legal Aid Agency require. From what you say, it's is unlikely that your husband can provide this evidence.

I can see you must be under an enormous strain at the moment, but it's most important that you do not give him any chance of making any further allegations against you - so make sure you remain polite to him at all times, whatever the provocation from him. Please also make sure that you scrupously comply with the court order for contact between the children and him, again to aoid the risk that he makes any further allegations agaiinst you.

Let the children see Cafcass without you in the room, so that there can be no suspicion from anyone that you tried to influence the childrne in any way.

With regard to your legal costs, I can hear your frustration, but unfortunately, it is extremely rare for the court to make a costs order in a family case - altough you can of course ask the court to do so. However, even if you did get get a costs order in your favour, from past history, it seems that your husband would ignore it anyway, so you would have to go back to court to enforce the order.

With regard to his non-payment of child support, you need to chase up the CSA/CMS about that - but unfortunately, they are notoriously slow in dealign with their cases.

Some face-to-face legal advice - both with this case, and if you are now thinking of starting divorce proceedings - would probably help - here's where to find a specialist family law solicitor:

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.
Thanks very much for your positive ratng and prompt payment - much appreciated!

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