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 Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32927
Experience:  Over twenty-five years experience
27487359
Type Your Family Law Question Here...
Thomas Judge is online now

My wife left the family home in January with my two children

Resolved Question:

My wife left the family home in January with my two children prior to leaving I agreed to have the children on the nights she worked as I had been doing for 15 months prior to this. I am attempting to formalise the child care arrangements and made a court application to formalise this arrangement. I went to a MIAMS which my wife has not agreed to partake in. I submitted a C100 form and C4 form to the court as I do not know where the children are when staying with my wife. The application has been returned stating that the court requires a draft order signed by both the respondent and applicant concerning the court order I am attempting to formalise. I don't know where to go with this now as from advice I was given I only needed to attend a MIAMS to be able to submit an application to the court to formalise child care arrangements. Can you help?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
This sounds to me like a mistake by the court - you do not have an agreed order and at this time you are not seeking one. You basically are applying for contact and want to know where your wife is with the children - is that correct?
Customer: replied 1 year ago.
I have contact but am just seeking to formalise the informal arrangements we had before she left I basically have the children 4 nights/ week when my wife works as she works night shift. I am unclear what the draft order is they are requesting how do I respond to the court?
Expert:  Thomas Judge replied 1 year ago.
I get you. You basically have two options - either a CAP04 - http://www.nofamilylawyer.co.uk/useful-documents.htmlOr for you to set out an agreement on an A4 piece of paper - with the name of the parties; the children's full name and DOB - then the arrangements as they have been agreed - with both of you signing and dating the bottom of the agreement. This can then be sent to the court and the court can itself convert into a CAP04 for you. I hope that this helps - please rate positively.
Customer: replied 1 year ago.
Don't think you get it my wife is not communicating has not responded to my referral for mediation and ignores any requests I make so she is not going to sign such an agreement. She has applied and is receiving child maintenance from me on the basis that that she told the CMS I have the children 3 nights/wk. I told the CMS I have them 4 nights/wk and they asked if I had a court order for this arrangement which I do not have and without a court order they believed her. Therefore it is not in her interests to sign an agreement hence the reason and ithers I am seeking to formalise the arrangements with a court order application. Where do I go next?
Expert:  Thomas Judge replied 1 year ago.
Thank you that is a lot clearer. The court are wrong to request from you a consent or draft order. You need the court process to properly commence. I would telephone the court tomorrow if you can and advise them that your application needs to be put before a Judge (for box work and gatekeeping) and that the Judge should either make the order as per the C4 or list the matter for an urgent hearing so that he can make interim orders (to formalise the current arrangement) and list for further directions. Happy to discuss. Please remember to rate positively
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32927
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks it is somewhat complicated and often difficult to explain the circumstances fully in this kind of forum. Will contact the court tomorrow.
Expert:  Thomas Judge replied 1 year ago.
My pleasure - please rate positively - then happy for you to come back tomorrow if you need any further help

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