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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Clare. me again with another question :)

Customer Question

HI clare.me again with another question :)
Submitted: 11 days ago.
Category: Family Law
Customer: replied 11 days ago.
Same subject as before
Expert:  Clare replied 11 days ago.

Hi again

How can I help you

Customer: replied 11 days ago.
Something called the child care act came up. the girlfriend is still one about going to court. I think it will be avoided for now basically it gets thrown in now and again. She seems to think she can get what she wantsi assume she is referring to this http://www.legislation.gov.uk/ukpga/2016/5/enacted - I'll read it a few times my self tomorrow.So i would like to know how that could be applied to my situation? or how her or the lawyer think it can be used?im confused as i dont think our daughter is in any danger of being put on the street or anything like that.She has probably told her lawyer fibs as in i own other property so could move there. i earn a lot more than i do and are refusing to pay childcare.. even though i am just now to the amount demanded - that's what she tells me so am assuming that's what her lawyer was told.
Expert:  Clare replied 11 days ago.

You mean Schedule 1 of the Children Act under which you have a duty to help house the child until the child is 18.

However if the property was sold she would have sufficient equity, with the sale of her other property, to purchase an alternative home so there is no basis on which it would change the situation as we have previously discussed

Customer: replied 7 days ago.
ok,so in the second mediation session she varbeally came up with this 2nd offerThe property would remain in joint names.
A re-mortgage would be agreed for the same amount over a 2 year fixed term deal in both names
Silvia to remain in the property. Minkah to move out.
Silvia would cover all of the costs of the property.
Minkah would be £200 per month in child maintenance
Silvia would write-off Minkah’s loan of £14,500
The declaration of trust would be amended to a 75/25 split in Silvia’s favour.At the end of the period then the situation would be reviewed and a new solution negotiated.If Minkah wanted certainty over what would happen at the end of the fixed term then Silvia would agree that Minkah’s 30% of the market value of the property at that time would be immediately re-payable. If Silvia was unable at the time to raise the cash as a lump sum then the property would be sold.i had said its looks - waited for the mediator to summarisei replied with!!!well its not clear exactly what i'm agreeing to - hence why i asked for some clarificationsthe £14500... it needs to be itermised\broken down
regarding me moving out - there's nothing there time-frame - I've already started looking
the split you had asked for it to be changed to my share 25% should it not be relative to whats owed?
and exactly what happens when the new fixed term is up - that was not clear in the session as you verbally made the offer. on x date we do this, this or this.So rather than ironing over the points you'd rather go to court!! which is basically what you said 2 years ago before we had discussed anything.in your email said negotiate.lets do that or talk. you make an offer i ask some questions\clarifications and you say ok your refusing my offer so im taking you to court!!
Customer: replied 7 days ago.
what grounds would she be taking me to court for? i really done see a reason for that or what she hopes to achieve?
Expert:  Clare replied 7 days ago.

Are you now willing to agree a sale?

Customer: replied 6 days ago.
When you say sell - you mean put it on the market?
Expert:  Clare replied 5 days ago.

Yes - sell the property on the open market

Customer: replied 22 hours ago.
A sale is not on offer... her offer is that we keep the property?Can i force us to sell the flat?

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