Ask a Law Question, Get an Answer ASAP!
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further informtaion first
Which part of the UK are you in?
we are in the west midlands
we are in the west midlands, I have used a different card number to pay but my email remains the same *****@******.***
What is the actual pattern of contact and what steps has your son taken so far to bring this matter to court?
there has been no mention of court as yet , he has decri nisi but cannot get absolute , his wife has refused to go to mediation
There are two separate issues here - the issue of the child and the financial side of the divorce.
Would your son like to live in the house if his ex doesn't want it?
no he wants to sell, his wife has agreed to sell to her mom , my son is happy with that , he is struggling financially now , he is still paying mortgage , half of bills for the house and maintenance for his daughter plus having to live , car etc, his main concern is to get rid of the house and see his daughter more
What income do they each have?
How much is the house worth and how much is outstanding on the mortgage?
not sure about sons income approx. £16000 per annum , his wife has no income as she has never worked , she is still living with her dad as they were when together , which is why my son wanted to buy the house, my son is paying £300 per month to his wife in maintenance for his daughter
He is over paying by a considerable amount does he realise this?
he does know but wants to make sure his daughter has what she needs , his wife does keep asking for more but he just cant pay anymore , she is asking for the £200 per month more on the run up to Christmas as he did last year, saying its to pay for presents , clothes etc for his daughter
He must stop he really must.
So far as the house is concerned he needs to issue an ultimatum
Unless the sale to her mother is completed within the month then the property has to be place don the open market.
If she will not agree then he needs to issue the Financial applictaion within the divorce proceedings immediately so that there is a locked Court Time table that will lead to the sale of the house
With regard to his daughter the law says that a child is entitled to spend time with both parents and the courts will enforce this if necessary.
Contact with her present is not acceptable - and there is no reason why she should not see you and indeed other family members.
If his ex will not attend mediation then your son should issue an immediate applictaion for a Child Arrangement Order which give shim quality and extended time with the child.
he should also drop the payments to the £160 a month that she is entitled to and suggest that if she needs more funds the house is sold more quickly
Please ask if you need further details
I don't think she will accept a drop in money , she will withhold my son seeing his daughter, can his solicitor do this Child Arrangement Order ? do you think he should change solicitors
It i snot about what she will accept - she has no choice
He can do a Child Arrangement Order himself - many do.
Based on the lack of progress to date a new solicitor may well be called for
where does he get this child arrangement order , will it interfere with getting the decri absolute, he is desperate to be divorced , he was hoping that once divorced he could " take the gloves off " with regards ***** ***** daughter
Are there any Private Pensions involved?
Who started the Divorce?
my sons pension is purely from work he works for local council , my son started the divorce
Why has he not applied for the Decree Absolute?
my son was under the impression that he couldn't without his wife signing the financial agreement , then he would be able to get on with sorting the access out for his daughter
Not at all
It is usual to try and wait until the finances are sorted out - but there is no need to do so in this case.
Equally there is no need to wait to sort out the children matter - the sooner he starts the better
ok thank you for your help , one last question , how does my son get this child arrangement order and use it , what does he do if his wife will not answer his texts or answer the door to let him see his daughter , when he does have his daughter is it within the law for him to keep her longer than the 2hrs his wife says
Your son has to ask the court to decide how often he should see the child and for how long.
If he has not been to mediation in the last three months then he needs to attend a further Mediation Information and Assessment meeting.
After that he can apply to the court using a form C100
and pay the fee of £215