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Warning about written orders.

Seb

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Hi Everyone,

Hope this will help others as it’s too late for me now.

Long story short: Divorced a cheating wife in 2013 with 3 loving children. Took a DNA test and thankfully are all mine. Finance hearing - 2 mortgaged houses - both in London - both working parents.
Children order: children live with the mother, alternate weekends and half of holidays with the father.
Finance order: each parent keeps one house. Father ordered to pay £1000/month until the youngest child will finish the educational grounds as a global order, so mother can afford expenses - child maintenance included.
In 2016, mother kicks out the older child. Went back to court in 2017. Also myself remarrying and having another child.
Financial order: went back to court and payments have been reduced to £400/month.
In 2019, ex-marries, sells the house in London and buys with cash cheaper house in Norfolk county. Since she moved, I disagreed with the travelling to be done only by myself and mother told the children I don’t care about them anymore. Long story in there as well as I haven’t seen the 2 children since. I’m back in court with that as well fighting for them.

Child maintenance has been established at £30/month since 2018-2019. I was not bothered too much about paying £400/month. But frustration is that the children saying don’t want to have anything to do with me anymore or anyone from my family side or old friends.
They sold the house and purchased an B&B in Lake Distrinct for adults only. Now it’s even harder to get up North and regain contact with them.
Went back to court in 2023 after hearing if mother re-marries, she shouldn’t receive maintenance anymore.
Judge dismissed my case as on the order was nothing mentioned about mother’s conditions.
There’s only the one when the youngest, which is 14 at the moment, will finish the school education.
I’ve asked the judge to send the money to a children’s fund account but he said they don’t do that in court.

My advice is to ask the judge at the financial hearings to put in writing mother’s changes of circumstances as well. If she enter a partnership, or get a better paid job, or anything that could affect the financial situations. Even your situation. In case you may get sick or out of work.

Orders these days are not issued properly and the lawyers do nothing about it.

Hope it helps.
 
That sounds awful Seb. There's still so much that is wrong with family court.
My opinion of court orders now is that they're not worth the paper they're written on. Rarely enforced and judges don't have time to delve into the causes of most problems. Sorry to sound negative and I'm sure some judges/court orders work for some. Just not on these extreme alienation cases.
 
You're correct there, that some orders are very badly written. My first Child Arrangements order bore nothing like what was agreed at court and actually gave the Mother a "reasonable contact" residency order. Once she realised the agreed arrangements weren't enforceable, she of course stopped sticking to it and I had to return to court for shared care. And on this occasion, took a draft order with everything on it that I wanted. I would recommend anyone do that - get a lawyer to draw up a draft order that says everything you want - and covers any possible loophole.

I suspect it's because you had a global order however - as that includes an element of Child Maintenance, it probably doesn't end when the ex remarries - but maybe that should have been put in there.

I'm very sorry you've lost contact with the other two kids. Don't give up on that. Distance does make things difficult though. Does the eldest one keep in touch with the other two siblings?
 
Does the eldest one keep in touch with the other two siblings?
Hi Ash, hope you’re well and family too.
My eldest is 20 now and still lives with us. He’s visiting his mum like once a year, he’s talking to his siblings over the phone as well but not that often. He kind of understanding more but in slow motion this adult life responsibilities, but prefers to keep away from involvement between myself and other two children. I’m not putting much pressure on him but it would help a lot if he would tell the Cafcas the reality of some situations.
 
Hi Seb,

Thanks for posting this, I'm at the start of the process and whilst I'm aware that I should cover it all, its a good reminder that best to take the draft order with you.

I'm sorry to hear what you've been going through. We love our kids as Father's and play such a vital role, for them to be denied the benefits of that is insane.

For every Father like you, there are a lot of single Mothers wishing they had the support of a seperated Dad to share the burden and help with the kids.

You do it first and foremost for them, keep fighting and never give up.
 
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