TOPIC: Advise please

Advise please 5 months 2 weeks ago #106914

I would delete the name of solicitor she is using as you are revealing whereabouts in uk you are situated. Her solicitor wouldn't be able to claim costs for her to take out an occupation order. Also if theres a lot of equity in house most people would be better off staying at the maternal home. if there isn't much equity then you are probably better moving out.

Also once you have vacated house for over 28 days apparently she can change locks and refuse entry and you only have same rights as a landlord.
Also you would still have to pay half the mortgage I think as well. depends on your situation what your best off doing. I would be half tempted to stay at home if u can do it but sleep in separate room to your wife as you would still see your 2 kids on a daily basis. another one is you could agree to stay at parents if this suits your situation but she in returns agrees you access to your 2 kids
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Advise please 5 months 2 weeks ago #106916

Clouduk wrote: No her solicitor doesnt accept legal aid, they look expensive on their website.

I don't know what lies she told her solicitor. But on my letter he advised her not to let me have contact with the children at all at the moment. Bearing in mind the day I left I looked after them all day while she was at work, I'm the one that gets them up and puts them to bed. She left them with me while she went and saw her neighbours and breaking lockdown rules. She even let one of her friends, who is blind, have a drive of her car around an empty car park.

So in 6 weeks, I have gone from looking after the children everyday, to not even getting a picture sent or letting me talk to my daughter.


how long ago did you apply with c100, and have you paid for it? right now just stay focused on the kids. atleast you will get an arrangement to see your kids through court, if you can't go back to the family home.

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Last Edit: by Yoda.

Advise please 5 months 2 weeks ago #106917

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I applied online last Tuesday. Do they send the court date in the post of via email.

Also is this true:

Also once you have vacated house for over 28 days apparently she can change locks and refuse entry and you only have same rights as a landlord

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Advise please 5 months 2 weeks ago #106919

Clouduk wrote: I applied online last Tuesday. Do they send the court date in the post of via email.

Also is this true:

Also once you have vacated house for over 28 days apparently she can change locks and refuse entry and you only have same rights as a landlord


with their backwards system, after you apply online with c100, either they phone you a few days later to take payment, or you can go to local court and pay in person, if there open. they will not progress your application if you have not paid the £215.

once you get a hearing date, they will post it to you.
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Advise please 5 months 2 weeks ago #106955

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Another problem I have is my wife's solicator. I have emailed him questions but not heard anything back. At the beginning he would reply and say he woukd send the question to my wife, but now that seems to have stopped. I've had no info from anyone since 22nd May.

Can my wife ask her solicitor not to send anything on from me. Aldo I'm starting to wonder if she has actually paid him yet, and that might be why I haven't heard anything

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Advise please 5 months 2 weeks ago #106956

Yes, a client can instruct a solicitor not to reply, can be in arrears so a solicitor refuses any further information, or the solicitor may somehow be losing communications and may be ineffective.

In all three cases, this is not on you - keep a log of your comms for evidence purposes if you need to.
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Advise please 5 months 2 weeks ago #106962

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Hi and welcome to the forum. I've edited your post to remove your wife's solicitors name as that could identify you. Court matters are of the utmost confidentiality so you really do not want to be identified.

Sit tight and proceed with the C100 for now. It's not the fastest route in the world, but it's a legal one. Keep comms with your ex in writing only and be prepared for the fact that she might apply for a non-molestation order to assist with getting legal aid.

Best of luck
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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Advise please 5 months 2 weeks ago #107052

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Just a little update.

I'm still waiting for my court date.

My wife, after refusing mediation 2 weeks ago, has just applied today for mediation. I'm now stuck what to do. I know in mediation she will offer me the minimum contact for my children, and I belive I would have fair better at the court. However would it look bad on me if I now rejected this mediation request.

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Advise please 5 months 2 weeks ago #107058

hi,

if i were you I would not attempt mediation, now as you gave your ex the chance 2 weeks ago. she could be time-wasting, and doesn't want you to go to court. you already paid for the c100. do not drop the c100 application, as its very likely you will end up paying again to submit another one in future.
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Advise please 5 months 2 weeks ago #107080

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Is there any chance you can get to mediation quickly, so not cancelling or postponing your court date? If so, my thoughts are that you go, but don't accept anything less than you are prepared to - that way you have been seen to attempt mediation (even though she initially refused) which looks good for you.

Having said that, both Bill and Yoda have more knowledge than me on this, so would be worth having their comments on my view, and if they disagree - go with their advice :)
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Advise please 5 months 2 weeks ago #107084

Hi , I would leave c100 application going . whatever happens you need a court order as you are in a very difficult hostile situation at moment.
I would however take up the offer of mediation as you may be able to get some contact with kids . normally if it wasn't covid 19 I would say wait to go to family court. However hearings can be listed 4-5 months down line and you could be not seeing children for a very long time.
I would once you get your mediation date through if you decide to proceed come on here quickly and you could get some ideas what kind of contact to ask for. It is summer holidays soon so wouldn't be unreasonable to ask to share summer holidays and get some fair contact during the school term weeks whilst waiting for court.

If you by miracle did get all contact you wanted and ex agreed to it all then you can get court to simply just draw up a court order without having to end up going through the whole entire process so to speak.
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Advise please 5 months 2 weeks ago #107087

oh yes, consent orders. its possible to get one written up at mediation stage if both parties agree, then it can be sent together with c100, for the court to approve it.

childlawadvice.org.uk/consent-orders/

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.