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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Former spouse and I are in process of determining financial

Customer Question

Former spouse and I are in process of determining financial arrangements regarding child support, and because there is no agreement between us, it has had to go to the FRU at the central family court. The petitioner has made a number of very serious allegations about me in the bad behaviour section 4.4 in Form E. I would like to know what I should do next?
Submitted: 27 days ago.
Category: Family Law
Expert:  Clare replied 27 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

I am a little confused - if child support is the only issue why is it before the ocurt?

What type of allegations have been made?

Customer: replied 27 days ago.
The background is: former spouse left UK for SA with child when the petition for divorce was filed. As child is not a SA citizen he had to get a visa. In order for visa to be granted there had to be proof that there would be ongoing support, so we made an 'agreement' for this purpose. Since then my financial situation has changed and I can no longer afford to pay the same level of support. As she rejected my counter proposal and decided to file A1 form, it is now before the court. In her form E she has made a number of allegations, some are true most are not. The most serious is that she alleges that (a) I sent pornography to my child and (b) that I was violent and abusive towards her. Both of which are completely false. She has lodged some kind of report with Cafcass. I would like to know what I should do now?
Expert:  Clare replied 27 days ago.

What contact do you have with the child (trying to work out why this was relevant at all)

Customer: replied 27 days ago.
At the moment nothing. Well he sends messages whenever money is needed for anything. I believe that she is with holding contact because she has had to come to court to set a financial settlement. All I am told is that the child 'does not want to speak to me.' I can't believe that because when they relocated to SA we did have weekly contact via telephone calls, but that stopped very abruptly.
Expert:  Clare replied 27 days ago.

In fact neither of these allegations are relevant even if they were true.

I would suggest that at the first hearing you ask permission to file a statement rebutting these allegations despite the fact that you are aware that they are not relevant to the case

I hope that this is of assistance - please ask if you need further details