Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What is the actual pattern of Contact?
How long is the weekend - two night or three?
For clarity - he does not let you have them 50% of the holidays?
What is the exact wording of the order?
Right I see.
I am afraid the CSA tribunal is not the place for this.
They ONLY deal with what is - not on what may be. They do not base anything on predictions - only on facts
If you wish to change what is happening you will have to go the route of Family Mediation and then the £215 for a Court application for a Child Arrangement Order setting out that you have alternate weekends and Half (not up to) but half of all school holidays
I am sorry I know that this is not the answer you were hoping for - but it reflects the actual legal position that you face.
Please ask if you need further details
With regard to the mortgage - did she own the other property when the order was made?
Was this a Consent Order or one imposed by the court?
Why did you agree - did she declare her other property?
What efforts has she actually made to release you from the mortgage?
What is the exact wording of the Order?
Has she actually paid the lump sum to you?
Actually things are not as grim as you think
Se ha sto use her "best reasonable endeavours" - and this could include selling the second property.
The starting point is to ask her to explain what efforts she has made to remortgage.
Given the existence of this other asset simply saying that the current mortgage company says no will not be sufficient
Yes you have to complete the Transfer - that is a given
Yes if this was the only property that she owned then simply asking the Mortgage Company and consulting a Mortgage adviser each year would suffice to meet the term "Best reasonable endeavours"
However that is not the position in your case.
She has other assets that oculd be used to achieve your release - so if she has not done so within two years you have an excellent chance of taking the matter back
How much is the property worth?
Unfortunately your confusion arises because you see the Tribunal as part of the Family Law system rather than part of the Financial system.
The Tribunal is not interested or involved in the Family law system in any way shape or form - the issue is money and figures and nothing more (sorry for the bitter tinge)
I am still confused as to how or why your team let you agree that Order and leave you on the mortgage when there was a second property around.
Has she got a new partner?
You don't need money to go back on the Children - or at least you only need £215.
You are articulate and capable - go back and get an Order which sets out the time so that you get the time the children deserve.
And sadly - average to bad
Go for it sooner not later - £215 can be saved up!
I am afraid that you cannot enforce the order as it is not specific enough
You have to apply for anew Child Arrangement Order which specifies the actual dates - which can then be enforced.
Do not bother paying for a transcript it will not be of any great use - the Court will be well aware that she is being pigheaded and the statements that were made are made in many cases