You can take him to the Small Claims Court but it’s highly likely it would not deal with it and it would be referred to a family court or out of the Small Claims Court to the fast-track because it’s not actually a debt as such. If it goes to the fast-track, and your claim does not succeed for any reason, there is a chance that you would have to pay his legal costs.
You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.
If this were to go to court, you could easily be on the receiving end of a legal bill of 10 grand you may not necessarily recover that. Litigation is expensive and risky.
The court proceedings are not going to be quick.
For the sake of what it’s going to cost for a basic replacement of what he has taken and the risk involved that he will say this was all his stuff and you haven’t contributed and he is entitled to walk away from it (ignoring the emotional element because clearly this has been quite a cruel action against the children) away with all his belongings.
Anything that his taken belonging to you of course is theft and that’s a police matter although don’t expect the police because he him off to Botany Bay on a transport ship and it’s highly likely they will simply say it’s a domestic matter and not get involved. Nonetheless it doesn’t stop you reporting it.
I’m sorry, I know this is probably not the answer you wanted.
Can I clarify anything else for you?
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