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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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What is FDA hearing ?

Customer Question

What is FDA hearing ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
Do you mean an FDR?
Clare
Customer: replied 2 years ago.
Hi clare, the matter be adjourned to further FDA hearing on the first open date after 24th September 2014. The next hearing is listed 23/10/14.
The bank statement shows regular money paid in and out from ex husband accounts.
He states his unemployed but it doesn't show his receiving ESA paid in account.
In amount of 10 days he distributed big amount from ex account over £40,000. I have to raise questionnaires.
Asma
Expert:  Clare replied 2 years ago.
Hi
It is a Financial direction Appointment (also called the first appointment) at which the court directs what further evidence needs to be done - such as replies to questionnaires
Clare
Customer: replied 2 years ago.
Hi clare, the issues I have just stated will these be raised as question?and the court will direct what further evidence
Eg property values
there is a lot his not fully disclosed on this form E can I raise at next hearing?
Asma
Expert:  Clare replied 2 years ago.
Hi
Your Solicitor will prepare a Questionnaire and at the next hearing the Court will place a time limit as to when the replies have to be completed by
Clare
Customer: replied 2 years ago.
Hi clare, as you are aware my case is really complicated which involves the properties bought but ex only use his brothers name. Because ex knew that if we were both end up in divorce proceedings I will not be able to claim the houses that's his brothers name, he has life insurance policy which is Nil. Will that affect the application? His paying monthly DD for this?
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
I know it os complicated - which is why all the outgoings will be queried
Clare
Customer: replied 2 years ago.
Hi Clare, we have asked for 5 years bank statement he has not provided that. That will be raised too. I got this anticipation that ex husband will be exposed all his betrayal with the court and me and children court will see his true colours.
He won't be able get out from the mess his caused for 17 yr marriage!!
Hope the judge will see the whole picture of this complicated marriage.
I am so happy i managed some how to get out of it
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes I expect he will be ordered to disclose more paperwork
Clare
Customer: replied 2 years ago.
Hi clare, wasting again courts time and my cost to pay barrister fee. Why cants things be open and honest with ex?His tried his best to hide a lot soon as judge ordered he had no choice but to disclose. Still his not showing his full frank paperwork.
Have to see what court orders him. His taking this matter seriously now before he was playing clever he got his penalty for it.
Asma
Expert:  Clare replied 2 years ago.
Hi
Indeed he has - and if he continues to try and evade the truth you will recover some of your legal costs as well
Clare
Customer: replied 2 years ago.
Hi clare, started the freedom programme, completed triple p parenting, weekly counselling and contact with my children's and six monthly review meeting.
Start positive steps next month.
The emotional stress of divorce so complicated I am going through
If I am doing all this. How am I going keep a job maintained with all this going in my life.
It was a suggestion by my support worker if I was get a Job, buthow am I maintain all this.
Am not superwoman!!
It's so much stress I am going through
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
Getting a job will also give you a distraction and a focus which is more positive
Clare
Customer: replied 2 years ago.
Hu clare, that's all well but it's a lot of commitment from my side. I don't want to overload everything on myself.
Volunteering is going well I enjoy it giving my time to help in community. I know i am not getting paid, but it's only as in when. With a job you have to commit to it. Some employers might not even give me time off. I need to travel to the midlands to see my children and meeting.
My fear that my children are now starting to forget me!!
It very sad to see.
Asma
Expert:  Clare replied 2 years ago.
Hi
I appreciate that it will be difficult - but you need to consider a part time job at least
Clare
Customer: replied 2 years ago.
Hi clare, it is just so unfair I have to show all the hard work and ex husband doesn't need to prove to them. Why all men get away with a lot? Us women have to suffer.
Asma
Expert:  Clare replied 2 years ago.
Hi
I do not believe your ex wants the children - accordingly he need do nothing to show progress
Clare
Customer: replied 2 years ago.
Hi clare, he never loved or cared for my children, his only interest was thier benefit money. Now the children have gone to care he won't be getting anymore.
That's why he doesn't need to show nothing to SS.
What ever money he took he purchased houses, saving. He doesn't need them.
Asma
Expert:  Clare replied 2 years ago.
Hi
I am sure this will become clear
Clare
Customer: replied 2 years ago.
Hi clare, ex has life cover how will this affect the claim?
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
It will not effect it at all
Clare
Customer: replied 2 years ago.
Hi Clare, it is not showing in any of ex husband bank statements about any transactions that may be linked to him to contribute towards the other two properties. Round 2010 he declared himself bankrupt and after three years his name was cleared. He started opening new accounts.
His not disclosed five years, just under 12months
Can I raise this in questionnaire?
Can i request conveyencing file of all 3 properties?
Hopefully it will disclose how and who bought properties how the money was paid
I think that's is only way to find out.
How much will it cost or order files?
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
You can certainly ask for copies of the statements from prior to the bankruptcy
Clare
Customer: replied 2 years ago.
Hi clare, I did not recieve my barrister cost order by the court to be paid by 4pm today by ex husband. Can further action be taken against him?
He was quick enough to give form E and other documents, but he has not paid my cost.
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes your solicitor will be able to take steps to enforce the Order
Clare
Customer: replied 2 years ago.
Hi, doesn't ex understand that their will be a consequence for him for not paying the amount on time?
I don't know why he chooses to carry on behaving like this? I think its just plain stubborness.
Because I claimed that's why.
Asma
Expert:  Clare replied 2 years ago.
Hi
I suspect that you are right
Clare
Customer: replied 2 years ago.
Hi clare, all this cat and mouse game his playing it's not going to end like this. His showing his neglectful behavior to the court. His deliberately putting me in through emotional, mental, financial difficulties so I get annoyed and stop making claim. He has another thing coming, I am not going to give up. I am still going to go all the way for I am entitled to.
Let him carry in we will see where that type of attitude takes him.
Asma
Expert:  Clare replied 2 years ago.
Hi
That a good approach to take
Clare
Customer: replied 2 years ago.
Hi clare, is this any truth In that the longer the children are in care of LA it very hard for the parents to get the children back in their care?
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
No it is about whether the parents can change - which becomes less likely as time passes
Clare
Customer: replied 2 years ago.
Hi clare, it's just my fear is that the limited contact I have with my children they are going to forget me. The longer they stay in placements specially my five children. My older son he won't forget me his 16 coming on 17. But the remaining 5 will eventually forget me. When I apply back to court when ever is the right time I am not sure when it will be!! The children wishes and feelings will also considered by the court.
Again with limited contact it going to be challenging.
Asma
Expert:  Clare replied 2 years ago.
Hi
Challenging is not the same as impossible - have faith
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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 2 years ago.
Hi clare, with my two children with additional needs, two who are still refusing to see me,and I am now classed as single mother. Will I be able to cope without support from SS who am I expected to cope by myself?
I know it's not impossible but I will need to be reassessed properly and satisfy the court.
Thank you
Asma
Customer: replied 2 years ago.
Hi clare, because ex did not pay the my cost the day it was supposed to be paid. Will this be breach of the order?
Asma
Expert:  Clare replied 2 years ago.
Hi
You will be given support with the special needs as appropriate when the time comes.
Your solicitor will discuss your options for enforcing the order
Clare
Customer: replied 2 years ago.
Hi clare, thank you very much. Yes when the time is right. I am thinking more positive now. Freedom Programme with my support worker is going well. We have 9 more sessions. The issue is more my parenting style. when children were in my care there two parents not working together, children suffered emtional harm.
Positive steps to build parents self esteem I will be starting in few weeks time. All looking positive at the moment.
I have had no contact from ex since the warning from the police.
I got some control back in my life .
Asma
Expert:  Clare replied 2 years ago.
Hi
That is excellent
Clare
Customer: replied 2 years ago.
Hi clare, My middle two children currently refusing to see both parents. My children had attachment with myself we had a very good loving relationship until they were taken into care. I do acknowledge there were difficulties in the home. I don't understand why my two children are still rejecting to see parents ? Can they be any emotional issues with them?
I cared for them my son was 9yrsand my daughter 6 yrs.Both children are placed together in foster care. I am just looking for cause of thier rejection towards me and I am running out of ideas.
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
They are very probably still traumatised and coming to terms with what has happened
Clare
Customer: replied 2 years ago.
Hi, they maybe still be going through grieving process, but my four children having positive contact with me.
They are happy at contact. But my two children maybe upset with me.
They are havng sibling contact fortnightly. It's just confusing me.
Asma
Expert:  Clare replied 2 years ago.
Hi
Of course it is - confusing and distressing.
however the fact that you other children are enjoying contact is a hopeful sign
Clare
Customer: replied 2 years ago.
Hi clare, yes you are right they are enjoying contact which is good sign. I am doing my best to maintain that positive for my children so they share with thier brother and sister. Maybe one day they might come round and say they are ready to see me or maybe their father.
They had contact with their father for about 5 months then they refused to see him. Wonder why that is?
I was on strict bail condtiions which prevented me to have contact with any of them until they relaxed my bail and taken no further action.
Asma
Expert:  Clare replied 2 years ago.
Hi
That may well be the problem then - at the moment you and your ex are still connected in their minds and they do not have good memories of him
Clare

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