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Financial settlement and children act 1989


Posts: 1
Registered
Topic starter
(@dad1997)
New Member
Joined: 7 hours ago

Hi all, My partner decided she wanted the relationship to end at the end of last year, since then she has been continuously trying to make moving forward as co-parents extremely difficult. We weren't married and lived in my house, I covered all bills and mortgage payments throughout the relationship, however she converted the garage to a working salon when we found out we were having our little boy to make our lives easier with her work (right decision to do at the time can I add) of which I'd always agreed I would give her back if ever we split up. Since leaving I went to a solicitor and had written up to return the money of which she put in so I could see her right financially as I'd agreed I would. The response of which I received was that she was going to claim of the investment into the house and wanted to claim of the value of which it added (which wasn't the agreement) and also that she was going to claim off me via the route of the child act 1989. The figure of which she has came back with is ludacris and wont leave me in a good financial situation at all. Is she right to do this and how would a judge look at this?

The other issue at hand is the childcare arrangements, I work 12 hours shift work (days/nights on a15 week rolling shift pattern) and I am off work for 211 days a year, I am wanting my son 50/50 as I have always had him on my days off anyway to allow my ex to work and get her clients in so I certainly don't want to lose out on time with my son. She has made it clear that she's only limiting my time with my son to increase the child maintenance payments and every childcare arrangement I suggest doesn't  suit "what she needs". I am an active father and love my son more than anything so this is the only possible thing she has to use against me, mediation I've found pointless as it seems that whatever I suggest isn't taken into consideration and I don't seem to be getting anywhere with it. I've been continuously  told that the system has changed and that fathers have equal rights now days but in my situation nothing has changed and what the mother says tends to stand which isn't fair. My ex's financial status is a strange one as due to being self-employed she cooks her books to suit, whereas I work for a company so obviously my earnings are very well documented, I am not trying to get out of paying my maintenance by no means, I just want to see my son as much as I can and regardless of how flexible I am trying to be I seem to be getting nowhere.

 

Can anyone come up with any advise or suggestions please?

1 Reply
Posts: 5511
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

even if you think mediation is pointless, the courts still expect you to attempt it. if its failing, you can ask mediator to sign you off and you can apply to court. yes unmarried ex partners can make court application under schedule 1 of childrens act. I would recommend you seek a child arrangements order and give that priority. with right guidance you can self represent. feel free to get in touch if you need advice. sending you private message.

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