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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Two questions please. 1. My ex husband is breaching court

Customer Question

Two questions please.
1. My ex husband is breaching court order for contact with our children in the Uk - yet it is MY responsibility on the order to ensure he has access to both children in the UK, he is refusing to do this.
2. There are financial orders in place. I am receiving constant threats that my ex is going to stop paying, he lied his way through proceedings and is controlling. I am anticipating he will bring about more hearings to try to reduce his payments. How can I best prepare for this knowing the courts are not sympathetic to my financial situation or circumstances and often favour his demands for hearings and time scales as he lives outside of the UK. I live in constant fear of hearing notices - I am also recovering from cancer.
Submitted: 13 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 13 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear what is happening.

Please may I ask:

- when was the order made for him to spend time with the children?

- what provisions were made?

- what contact has he missed?

- how old are the children?

- when was the final order made in relation to the financial matters?

- which bit is he saying he is going to reduce?

kind regards

Caroline

Ps I just need to go out but will answer you upon my return

Customer: replied 12 days ago.
HI Caroline sorry for the late reply.
Further information - I hope this helps.
By consent 28th July 2017 Children are 1daughter 10 and son*****orders
By consent, the applicant mother must make sure that the children spend time with the respondent father for a minimum 1 week at Christmas one week at easter and two weeks during the summer holidays and for such other reasonable times and on such occasions as the parties may from time to time agree always gibing priorities to the needs of the children knowing that those needs will change from time to time. Such contact to take place in the UK until such time as the parties agree that it can take place elsewhere taking account of the wishes and feelings of the children.
******************************************
Father has seen them for one week at Christmas and is planning on having them for one week in late April. He is planning on taking our son to the US in August but wont commit to seeing our daughter. He has told our son if he doesn’t travel to America to see him, he will cut him out of his life. It is ‘likely’ my ex will try to enforce new orders whilst in the UK for the time of the contact with his children. However I have grave concern about this as he demonstrated his aggressive and volatile behaviour in court when the financial hearing didn’t go as he wanted and in the presence of my then barrister (who is on mat leave) said he wanted nothing to do with the children ever and left the court. There is a history of coercive control and abuse towards myself and the children. My daughter refuses to see him outside of the UK.21st June 2017 at a final financial hearing – Ex refused to disclose financial information to the courts.
Declarations
Upon the parties being made aware and advised REMO orders which can be enforced in the USA.
Orders.
I remain in the house until the children are 18 after which it can be sold 60/40 in my favour
The applicant (me) from the date of the order will be solely responsible for the payments of all interest on the mortgage (unless the respondent has failed to pay the applicant the periodical payment as set out) and shall indemnify the respondent for any breach of his obligations.Spousal periodical payments – term of 5 years until I die, or remarry or further order
The applicant may apply for an order to extend this term provided the application is made before the term expires.
Child payments – until the children turn 18 or cease full time education or a further order – The court may (prior to the expiry of the term or subsequently) order a longer payment.
Key information
I was a significant financial contributor to the relationship for a majority of the 14 year marriage.
Respondent is now expecting a baby with his new wife, the relationship was only disclosed December 2016 – He left the matrimonial home in September 2016
Respondent is on a tax free salary of approx. £160k per year working in Iraq and currently applying for a Green card. He has been funding learning to fly with the intention of quitting his job in August to become a pilot. When he leaves his job he will receive a large lump sum between 50-90k He has also funded building a house which he failed to disclose during court proceedings. His new wife is a Helicopter pilot in the US Army, they have a baby due in June.
It will be his intention to stop paying or look to reduce the figure down to £1500 per month and not pay spousal support.
I am recovering from cancer, started a business and accounts are showing -20K not making any profit. My health makes it impossible for me to contract into employment.
Expert:  ukfamilysolicitor replied 10 days ago.

Hello

Thank you for your response.

Please do accept my apologies for not being able to respond to you sooner.

Considering your responses may I also ask:

- do you agree your son should go to the USA?

- what do you mean he wont commit to seeing your daughter? is he treating her differently? was she invited to the USA also?

- the order you have allows for 4 weeks contact spread over the year which I assume is when your ex is back in the country? is your ex going to be able to do more than this?

- has he ever been violent or aggressive in front of the children?

In relation to the finances - I am sorry to hear of your illness, are your circumstances still the same since the order was made or has your needs increased or income decreased?

kind regards

Caroline