How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33534
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hello I am currently busy with my divorce and received

Resolved Question:

Hello I am currently busy with my divorce and received a letter stating the following after handing in my D10 form in January Stating the following Before Deputy District Judge XXXXXXXXX sitting at Kingston-upon-Thames County Court, St James Road, Kingston-upon- Thames kt1 2ad XXXX XXXXXXX XXXX Upon the court not being satisfied on the evidence so far adduced that the petitioner is entitled to the matrimonial order sought because the last section on page 3 of the petitioners affidavit/statement has not been completed, nor paragraph 9 correctly (Please can you help me as to which parts are these?) It is ordered that The petitioner shall send to the court evidence by way of a written statement as to whether the statement of arrangements are true and identify the signature of H. Can you please advise me as to what exactly it is that I need to do as I have been to the court office but the lady behind the counter said that I need to get legal advice Kindest Regards XXXXX XXXXX

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
Are you the petitioner and if so which ground did you use?
Clare
Customer: replied 2 years ago.

Hello Clare,


 


Thank you very much for getting back to me. I am the petitioner. I petitioned on the grounds of unreasonable behaviour/


 


THE PARTIES SEPARATED ON THE 2ND OF SEPTEMBER 2013 AFTER THE PETITIONER COULD NO


LONGER TOLERATE THE RESPONDENT'S UNREASONABLE BEHAVIOUR. 1. THROUGHOUT THE


MARRIAGE, THE RESPONDENT WOULD NOT SHOWING ANY INTEREST IN THE PETITIONER OR HER


INTERESTS. THE RESPONDENT DOES NOT SUPPORT THE PETITIONER IN HER CAREER, CONSTANTLY


SAYING THAT SHE IS A FAILURE AND THAT HE NEVER THOUGHT SHE WOULD QUALIFY. THIS HAS LEFT


THE PETITIONER FEELING A LOW SELF ESTEEM AND NO CONFIDENCE. 2. IN THE LAST 9 YEARS


LEADING UP TO THE SEPARATION, THE RESPONDENT HAS BEEN A HEAVY DRINKER. THE RESPONDENT


WOULD OFTEN DRINK HIMSELF UNCONSCIOUS. ON ONE OCCASION THE RESPONDENT, WHILST TAKING


CARE OF THE CHILDREN, DRANK SO MUCH HE PASSED OUT. IT WAS NOT UNTIL THE PARTIES


CHILDREN TOLD THE PETITIONER THAT HE COULD NOT WAKE UP HIS FATHER THAT THE PETITIONER


REALISED HOW IRRESPONSIBLE THE RESPONDENT WAS AROUND THEIR CHILDREN. WHEN THE


PETITIONER CONFRONTED THE RESPONDENT OVER THIS HE WOULD OFTEN SAY HE WOULD GO


SOBER, HOWEVER, WOULD ALWAYS SLIP BACK INTO OLD HABITS AND START DRINKING AGAIN. THE


RESPONDENT HAS STARTED COUNSELLING IN RELATION TO THIS HABIT, HOWEVER, HAS TO DATE NOT


MADE ANY ATTEMPT TO QUIT DRINKING. THIS HAS LEFT THE


PETITIONER FEELING FRUSTRATED AND UNABLE TO TRUST THE RESPONDENT AROUND THEIR


CHILDREN WHILST HE HAS THIS DRINK PROBLEM. 3. THROUGHOUT THE MARRIAGE, THE RESPONDENT


WOULD BE OBSESSIVE ABOUT THE PRESENTATION OF THE MARITAL HOME. IF THE RESPONDENT


RETURNED HOME AND THERE WERE CHILDREN'S TOYS ON THE FLOOR, HE WOULD BECOME IRATE. THIS


WOULD OFTEN BE IN FRONT OF THE CHILDREN. THE RESPONDENT WOULD EXPECT THE PETITIONER TO


TIDY AFTER THEIR CHILDREN CONTINUOUSLY. THIS LEFT THE PETITIONER FEELING EXHAUSTED AND


UPSET THAT THE RESPONDENT WOULD SHOUT IN FRONT OF THE CHILDREN. 4. THROUGHOUT THE


MARRIAGE, THE RESPONDENT WOULD NOT COMMUNICATE WITH THE PETITIONER ON A MEANINGFUL


LEVEL. GENERAL DAY TO DAY CONVERSATION WAS A STRUGGLE. WHEN THE PETITIONER ASKED THE


RESPONDENT WHY HE BEHAVED IN THIS WAY HE WOULD SAY THAT HE SPOKE A LOT TO CLIENTS ALL DAY


IN WORK AND COULD NOT BE BOTHERED TALKING TO THE PETITIONER WHEN HE GOT HOME. THIS


RESULTED IN THE PARTIES HARDLY TALKING AND LEFT THE PETITIONER FEELING ISOLATED AND ALONE. 5.


THROUGHOUT THE MARRIAGE, THE RESPONDENT OFTEN DROVE ERRATICALLY. THIS WOULD BE WHILST


THE FAMILY WERE IN THE CAR AT THE TIME. HE WOULD OFTEN SAY THAT HE DID NOT WANT TO DRIVE


SLOW BECAUSE THIS WAS BORING. OFTEN FRIENDS OF THE COUPLE WOULD NOT WANT TO GET IN A


VEHICLE WITH HIM DUE TO THIS ERRATIC DRIVING. THIS LEFT THE PETITIONER FEELING UPSET AND


FEARFUL WHENEVER THE CHILDREN WERE IN THE CAR WITH HIM. SINCE THE DATE OF SEPARATION THE


PARTIES HAVE NOT LIVED TOGETHER AS HUSBAND AND WIFE HOWEVER FROM 2ND OF SEPTEMBER 2013


UNTIL 12TH OF NOVEMBER 2013 THE PARTIES LIVED UNDER THE SAME ROOF HOWEVER LIVING IN


SEPARATE HOUSEHOLDS. THE PARTIES REMAINED UNDER THE SAME ROOF DUE TO FINANCIAL


CONSTRAINTS. DURING THIS PERIOD THE PARTIES LIVED TOTALLY SEPARATE AND DID NOTHING FOR


EACH OTHER AS HUSBAND AND WIFE. THE PARTIES SLEPT IN SEPARATE BEDS IN SEPARATE BEDROOMS.


THE PARTIES TOOK CARE OF THEIR OWN COOKING, CLEANING, CHORES AND PERSONAL REQUIREMENTS.


SINCE SEPARATION THE PARTIES HAVE ALSO MAINTAINED SEPARATE BANK ACCOUNTS AND PAID THEIR


OWN SEPARATE BILLS. THE PARTIES KEPT FINANCES SEPARATE DURING THIS TIME AND SPENT THEIR


OWN SEPARATE TIME WITH THE CHILDREN. THE PARTIES DID NOTHING AS A FAMILY. AS SOON AS THE


RESPONDENT COULD FINANCIALLY SECURE NEW ACCOMMODATION HE MOVED OUT OF THE MARITAL


HOME. THE PETITIONER CAN NO LONGER TOLERATE THE ABOVE UNREASONABLE BEHAVIOUR AND AS A


RESULT CAN NO LONGER REMAIN MARRIED TO THE RESPONDENT AND WISHES TO FILE FOR A DIVORCE AS


A RESULT.


 


Statement of arrangements for Children



GENEROUS PRE-ARRANGED SUPERVISED VISITATION RIGHTS FOR THE RESPONDENT. THE CHILDREN


WILL ONLY STAY OVER NIGHT WITH THE RESPONDENT IF HIS SISTER IS PRESENT. AGREED THAT THE


RESPONDENT CAN COLLECT THE CHILDREN AND TAKE THEM TO SCHOOL EVERY MORNING THE


RESPONDENT IS ALSO ALLOWED TO VISIT THE CHILDREN AT THEIR PLACE OF RESIDENCE FROM 9-3PM


ON SUNDAYS. THIS HOWEVER NEEDS TO BE PRE-ARRANGED AND THE CONDITIONS


(2) [CONTINUED]


CHILD NAME: CAITHLIN PRICE


RESIDES WITH: CAITHLIN PRICE LIVES WITH ME HER MOTHER YOLANDA PRICE AND HER OLDER BROTHER


JAYDEN PRICE.


AT ADDRESS:XXXXX SURBITON, KT5 9HD


(4) [CONTINUED]


... ARE THAT HE IS NOT ALLOWED TO DRINK WHILST LOOKING AFTER THEM. CONTACT ARRANGEMENTS


WILL BE REVIEWED WHEN THE RESPONDENT UNDER GOES AN ALCOHOL AND DRUGS TEST, PAID FOR BY


HIMSELF.


 


Hope this is helpful


 


Thank you again for your help


Expert:  Clare replied 2 years ago.
Hi
On this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080b-eng.pdf
You did not tick yes in section 9 and you did not complete the tick boxes in the section below that
You need to complete a new one and send it in again
I hope that this is of assistance
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33534
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 2 other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters