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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33525
Experience:  Over twenty-five years experience
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Four and a half years ago, I moved with my children further

Customer Question

four and a half years ago, I moved with my children further away from their father. he took all three of us to court, trying to get a residency order and temporary move back to the county he lived in. this did not work, however his barrister (he paid £16000 for the total process) insisted and the judge ordered that I do half the journey to take the children, which as I was running a pub, and also not to receive further intimidation (which was why we moved), I had to do this by taxi, costing me 180 every other week. I have continued this over the last four and a half years. One of my sons no longer will go to visit his father (they are now nearly 15) and hasnt done for the last 11 months. We have since moved, as due to ill health I could no longer run the pub. My income is now minimal, and I am not able to afford the taxi journey for my son, or take the time off work and the cost of petrol for the 220mile round trip every other weekend. On top of this, he has not paid the CSA, and his outstanding balance is over £39000, for which they have put a charging order on his property, however he is now taking this to tribunal, and we are awaiting a date.
I am extremely concerned, not only for the intimidation, but also to be breaking the court order, but I simply cannot afford to meet half way, and the father is completely un-receptive to this. Please advise
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
You really have two options - do nothing and continue to be in breach of the order and await him making an application to the court to enforce the original proceedings. I do not favour this approach because you are in breach and you can be criticised for this and in addition he can seek enforcement which can have sever consequences should the court make a finding against you. The better approach if you can not reach an agreement with him(and I am getting the sense from what you have written that mediation or a chat with him will not work) that you apply to the court to vary the original order. You can make the application on a form C100. I would be happy to discuss further and this can feel complicated but please remember to rate positively - thanks
Expert:  Thomas Judge replied 2 years ago.
Please can you rate positive for me - thanks