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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Had final hearing on contact plan changes.New contact order

Resolved Question:

Had final hearing on contact plan changes.New contact order half cost of old french order but ex forcing me to pay old level of costs.No agreement reached by end of day and no direction from Judge regarding the financing of new order.What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the relationship between the Contact arrangements and the finances please
Clare
Customer: replied 2 years ago.
Divorce 5 years ago in France.Danish husband -married English subject in Uk.Living in France at time of application for divorceMother moved back to UK with 2 young boys.contact plan v expensive as father insisted on 8 weeks a year renting property in UK plus 9 weeks of flying boys to Geneva airport to stay in France with him.ex wife ordered to pay for 18 flights per year as contribution to costs of the plan.Ex took mother to court to have ratification of plan in UK law.
Mother opposed existing contact plan as unaffordable and very disruptive for boys who were always moving from uK home into rental week with Father , back to Mother then over to France.
Max of 19 days before packing suitcase to relocate.
Cafcass involved and new order forced through by Father despite saying it was expensive as both parents have been made redundant and starting own businesses.Day in court of Final hearing - no discussion of who will fund new plan but Ex insists old French divorce agreement will be in force for new UK contact plan.
Ex threatens will deduct flight costs from monthly maintenance if 18 flights not organised and funded by the Mother.
Maintenance already threatened to be eliminated/ severely cut as he claims he has no income.What advice do you have?
Expert:  Clare replied 2 years ago.
Hi
What is the new plan?
Clare
Customer: replied 2 years ago.
107 days instead of 127.
Nine school holiday weeks plus 3 weeks on Uk in term time.
Longer duration periods with Father - less frequent .
Old plan -3 weeks with Mother - then 9 days with father.this meant boys in cramped rental accommodation for school weeks instead of his large home in France, during holidays.
Old plan costs were high because of many rental periods.
8 weeks UK rental( plus car hire and flights for Father and girlfriend) versus 3 weeks in new plan.
Basically I would like to know how a new contact plan can be written and enforced By Reading Court with no decision by the judge on its financial implications.The Father insists on renting in the UK but expects the Mother to contribute 60% of the total Contact plan costs.( contribution of old plan 30% by Mother - new plan half as expensive but Mother getting no reduction in her contribution?( as Father insists old French rule of 18 flights for Mother to pay for- will remain.)
Expert:  Clare replied 2 years ago.
Hi
What is the specific wording of the Order regarding the contact costs?
Clare
Customer: replied 2 years ago.
The Mother will be responsible for 9 transfers per annum.( ie 18 flights to book and pay for inc. UM costs)
Expert:  Clare replied 2 years ago.
Hi
How many trips will the new pattern involve?
Clare
Customer: replied 2 years ago.
Relist: Other.
Had no answer at all - just more and more questions for me.
Expert:  Clare replied 2 years ago.
Hi
I am sorry but without all the details I cannot give you a meaningful answer or help you find a way of the mother rebuttung the father's demands
I do need to know the answer to the last question
Clare
Customer: replied 2 years ago.
I would like you to answer a question.
Can the English court introduce a new contact arrangement with no agreement on the funding of the order.
The old French order was contested because:-
A:- disruptive.
B:- unaffordable after both parents made redundant.
The court adressed the disruption.
The court did not address the financing.
Expert:  Clare replied 2 years ago.
Hi
The simple answer is yes the court can indeed do this.
If you had wished them to deal with the question of the funding of the trip then you shoudl have asked the Judge to make a specific ruling on it
There is also the complication of two jurisdictions being involved.
If the flight costs were dealt with in the French Contact order then it has been fully replaced by the english one and is no longer valid.
If it was part of a separate financial order then you will have to apply to vary the order
I was hoping to give you a more practical and detailed answer but cannot do so without the extra information
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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