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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son left s wife last August, they had been together

Resolved Question:

My son left his wife last August, they had been together 20years but only married for 7 they have a 5 year old daughter (Grace ).My son got a solicitor and things seemed to be moving fast, the solicitor seemed to be handling things but now nothing is happening, he was seeing his daughter once per week for 2 hrs up until Christmas, then his wife found out he had a new girlfriend ( he left his wife for unreasonable behaviour, she made his life hell for a long time,no one else at the time was involved ) after Christmas his wife would not let him see his daughter for a couple of months without his wife being present, he was not allowed to take his daughter out of the house, the same house that they brought 5 years ago ( they lived with her dad in his house , she still does ) and never moved into because his wife was not satisfied with it , my son & his dad and done the whole house up from top to bottom but she wanted a porch built & a drive installed etc etc before they could possibly move in ? my son agreed verbally with his wife a 70/30 split on any equity on the sale of the house in her favour plus she wanted all the contents which my son agreed to , this he told to his solicitor and they said they would put it to her solicitor , she will not sign so that my son can move on with his life, ( all this , bearing in mind she has not worked during their relationship ) he has the decri nisi but cannot move on and get the absolute without the agreement so he is told , he wants to fight for his daughter , to see her more , have her overnight or for holidays , he loves her , his is towing the line with his wife he is paying all he can , he even paid £200 more per month on the lead up to Christmas to make sure his daughter had what she needed, I now think his wife funded her solicitor with this extra , his wife will not budge , she wont sign even though she agreed to the sale of the house to her mother who is moving from Margate, my son has spoken to his mother in law , she says she is moving as fast as she can, we are not allowed to see our granddaughter because our sons wife doesn't want Grace " play happy families " therefore our son cannot take his daughter to see his new girlfriend either, obviously if my son brings his daughter to us or his girlfriends he risks not seeing her at all ( Grace would obviously talk about us to her mom if she came here ) his wife is very venomous , we are very upset about it all , we always had a good relationship with his wife until all of this , she would ring me and ask if I would take her shopping etc , Grace loved to come to our house , she would drive them mad until they brought her to us , what steps can our son take ? what steps can we take , should his solicitor be doing more ? does he need to change solicitors ?
Submitted: 12 months ago.
Category: Law
Expert:  Clare replied 12 months ago.

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?

Customer: replied 12 months ago.

we are in the west midlands

Customer: replied 12 months ago.

we are in the west midlands, I have used a different card number to pay but my email remains the same *****@******.***

Expert:  Clare replied 12 months ago.

What is the actual pattern of contact and what steps has your son taken so far to bring this matter to court?

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

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?

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

What income do they each have?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

He is over paying by a considerable amount does he realise this?

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

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

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

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

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

Are there any Private Pensions involved?

Who started the Divorce?

Customer: replied 12 months ago.

my sons pension is purely from work he works for local council , my son started the divorce

Expert:  Clare replied 12 months ago.

Why has he not applied for the Decree Absolute?

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

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

Customer: replied 12 months ago.

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

Expert:  Clare replied 12 months ago.

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

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/2322/C100.pdf

and pay the fee of £215

Clare and other Law Specialists are ready to help you