I have a COA in place for my two children for the past 8 years. I got full custody but to allow the children time with their Mum it was set out that I had them 65% of the time and she had them 35%. I have never claimed CMA from the ex and have provided for all their school clubs, teams, food (when with me) school clothing etc. However recently I have had to move back to my Mum and Dads due to save money for a new house. The ex has seen this as an opportunity to get custody and put in a court order reference custody of the children. My daughter is 16 and my son is 12. The advice I need is what view would the court and Cafcass take on this? The ex has already had a CMA application refused and upon the case being closed she has tried for Custody. She has a history of alcohol abuse, criminal record, and has recently been banned from driving for three years. However my relationship with my 16 year old daughter has been hit hard recently due to her mum getting in her head. My son still wants to stay with me and keep the arrangement as is. However I am worried that the court will rule in her favour due to me not seeing my daughter for the past 3 weeks. Do the court take the viewpoint of my 16 year old daughter with regards to custody law or do they allow her to make her own decision with regards to her living arrangements (separate to any COA)
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A bit of advice needed.
- Thread starter vowlesyhipp
- Start date
I'd be relaxed about all this, she clearly doesnt have a case and the court may see her as a vexatious litigant. So let her try and lose no sleep.
Many thanks. I have everything crossed that this the case. The sad thing is, she is only doing this to get CMA and not taking the childrens feelings into account.
Hi mate, at 16 she can make up her own mind where she lives. Not sure it would be good idea to fight what she wants to do. Just make her time with you as awesome and relaxed as possible. Even if she did go stay with Mum chances are she'll end up picking the better bet!
I agree, I am giving her space to see things for what they actually are. I will still be here for her when she what is happening. I will go with what she wants to not cause anymore stress or upset. Hopefully she sees the light.
So a little bit of an update. I had to go through the whole process with CAFCASS, statements, evidence etc. All presented to the court and geared up for the 6th December. The date comes around and we are due at 3pm. She contacts me and says she is cancelling the case against me. I have proof of this and agree that I do not want to go through with this either. Case closed I am thinking!! How wrong I was. I have now received a letter from the courts saying that the case is now reopened and I have to attend on the 23rd December. A few hours after cancelling she emailed them saying it was under duress and she still wants the hearing. This is all rubbish, she emailed me wanting to cancel the hearing and close the case. I have sent the court the proof but and I am now worried that the hearing will go ahead. Im not even in the country on the 23rd! Any advice on this? Can I apply for a Barring order? Can I rearrange the court date?? Can I ask the court to view her as a vexatious litigant?
Just to clarify, the ex applied to vary the order?
When the hearing date came up she emailed to say she'd changed her mind.
Then changed her mind again?
I think you can apply to court to request adjourning if you're not in the country.
You could apply and attach the evidence of your ex asking to cancel the previous hearing stating you were willing to go at that time. But now you have a holiday/work commitments that were booked X amount of weeks ago.
go-legal.co.uk
In terms of the ages, they will take your kids wishes and feelings seriously but since you've had the kids for 8 years, they will be reluctant to change residence now.
When the hearing date came up she emailed to say she'd changed her mind.
Then changed her mind again?
I think you can apply to court to request adjourning if you're not in the country.
You could apply and attach the evidence of your ex asking to cancel the previous hearing stating you were willing to go at that time. But now you have a holiday/work commitments that were booked X amount of weeks ago.
Reasons to Adjourn a Court Case in the UK
Adjourning a court case or hearing in the UK requires valid reasons, prompt action and supporting documentation. In this article, our lawyers discuss the grounds that you may request an adjournment, the step-by-step process for applying for an adjournment of a Court hearing, relevant case law to...
go-legal.co.uk
In terms of the ages, they will take your kids wishes and feelings seriously but since you've had the kids for 8 years, they will be reluctant to change residence now.
Adjournments in Family Court proceedings and how to achieve them!
When an Application is made to the Family Court then usually the first step is that the Court lists an initial Directions Hearing. This is the first time that the Parties will come to Court. The Court does not consult with either Party and so when you receive the Notice of Hearing the date is...
www.spainwilliams.com
Yes it was her that wanted to vary the order.Just to clarify, the ex applied to vary the order?
When the hearing date came up she emailed to say she'd changed her mind.
Then changed her mind again?
I think you can apply to court to request adjourning if you're not in the country.
You could apply and attach the evidence of your ex asking to cancel the previous hearing stating you were willing to go at that time. But now you have a holiday/work commitments that were booked X amount of weeks ago.
Reasons to Adjourn a Court Case in the UK
Adjourning a court case or hearing in the UK requires valid reasons, prompt action and supporting documentation. In this article, our lawyers discuss the grounds that you may request an adjournment, the step-by-step process for applying for an adjournment of a Court hearing, relevant case law to...
In terms of the ages, they will take your kids wishes and feelings seriously but since you've had the kids for 8 years, they will be reluctant to change residence now.
She emailed the court two hours before the hearing to cancel it. She asked if I was in agreement and text me and called me to ask this. I also emailed the court saying I agree with her and can we cancel the process. However I was unaware that she subsequently emailed them again 2 hours later saying that she emailed under duress. I have sent the court all of evidence of this but have no response yet.
I hope you are right. She has been a nightmare for years and will try anything to get at me!!
On another note can anyone recommend a good family solicitor to have an initial chat with?