Board Name: Residence, Contact & Child Support
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Discussion Title:Issues regarding ex collecting son......
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Message #:1507.1
From:whitefang
To:ALL
Date:4-Nov 10:59
Replies:5
Message: Hi
i have a court order ex dh took me to court,wanted more contact with 2ds's younger one has limited contact(doesnt want to go with him)older one wanted to see more of him!Was supposed to have him twice a week after school and half school hols and once a fortnight for a weekend visit.NOW THIS IS ALL SET TO CHANGE :) him amd new wife got a yr old baby and she expecting twins next yr,he now says cant afford to do trip up to sch and then again on fri to collect him and then drop off on sun......he thinks i should do it!!!Quite laughable as he cut maintenance money,cos she allegedly wasnt working...but she is, despite fact we had an agreement when we got divorced aying what he would pay me and this would go up each year(have to check but sure its wrote in black&white).I know he has own family with her but,he does still have 2ds to support and therefore i think he should honour agreement we had,also order is 11/2 years ago waiting to see if solicitor able to do legal aid for me but in meantime can anyone enlighten me regarding the travelling situ?Spoken to friends who say its up to him to do travlling as only says make available!!
cl-oh2bhappy  Member Icon

Posts on this board: 446

Last visit: 20-Nov

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Discussion Title:Issues regarding ex collecting son......
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Message #:1507.2 in response to 1507.1
From:cl-oh2bhappy  Member Icon
To:whitefang
Date:4-Nov 20:47
Replies:5
Message:

Hi

If nothing is stated in the order for you to share the travelling then as things are, it seems that you do only need to make the children available for contact.

He could take the matter back to Court though to try for shared travel, I believe.

How far away does he live? 

With regards to maintenance, this is considered to be a separate matter to contact, so the fact that he's not honoured the agreement there will not be come into things.  You could take the matter to the CSA though, if you feel he's not paying what he should.  While this is 20% of his income for two children, the fact he has other children will reduce that.

On the other hand it can be argued that he clearly wants to be involved in the childrens lives.

CAB may be able to advice you if you don't have any joy with the solicitor.

Jane

 

 

 

 

redhelen  Member Icon

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Last visit: 20-Nov

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Discussion Title:Issues regarding ex collecting son......
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Message #:1507.3 in response to 1507.2
From:redhelen  Member Icon
To:whitefang
Date:5-Nov 07:48
Replies:5
Message:

As far as child maintenance goes, after 1 year from your consent order either one of you can apply to the CSA & have the amount changed & as Jane says, your ex's other children will reduce the amount he has to pay.

As to contact, if the court order doesn't stipulate that you have to take your son to his dads then no you don't, but it would probably be in his best interest if some compromise could be reached on this.

If you can aviod using solicitors then I would advise you to do so.

Discussion Title:Issues regarding ex collecting son......
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Message #:1507.4 in response to 1507.3
From:whitefang
To:redhelen  Member Icon
Date:5-Nov 10:01
Replies:5
Message: THANKYOU FOR THAT,I JUST WANTED TO KNOW WHAT OTHER PEOPLE THOUGHT COS HE WANTS EVERYTHING HIS WAY AND EXPECTS ME TO DO THE RUUNNING!hES CAUSING PROBS WITH ME AND MY PARTNER OVER THIS ,AT THE END OF DAY BOYS COME FIRST AND ONE DAY VERY SOON I THINK ELDEST WILL REALISE THINGS ARENT AS COSY AS DAD MAKES OUT!
Discussion Title:Issues regarding ex collecting son......
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Message #:1507.5 in response to 1507.2
From:whitefang
To:cl-oh2bhappy  Member Icon
Date:5-Nov 18:30
Replies:5
Message: Hi
thaks for your reply,he doesnt live that far away only about 15-20mins away,i know that come next year he wont be able to have ds anymore so i need to get advice off solicitor if i can get legal aid waiting to find out!He knows what my ex is like "always has to have his own way".He is claiming that he cant afford to do trips anymore but yet they are both still working,my partner and i have brought boys up for last 5yr and he only bothered to go to court cos an ex friend told him that i was going to stop him seeing them....which was a lie!
MESSAGES IN THIS DISCUSSION: 1-5
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