Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hello,
Really hope you can help.
My ex partner who I had a brief relationship with has mounted a case against me that just seems to be dragging on.
She stopped me from seeing my son for no reason and then cancelled the CSA payments. Next thing I know she tries to get an Anti-Molestation order against me which thankfully the Judge saw through and dismissed it immediately.
She then began a case under Schedule 1 of the Childrens Act. I am an electrician on an extremely modest income of £1800 a month however my mum died and left 4 properties between me and my sisters however these all have mortgages and are rented out. There is a small amount of money in the account where the rent comes in however this is not touched and none of us are rich from it by any means. My ex is on benefits and has an older daughter by her ex husband. She also previous became pregnant and had an abortion and tried to say it was mine. I knew it wasn't and she finally admitted that she had had an affair with a married man. I supported her through all of this however our relationship broke down. She has since sent every present I had for my daughter sent back to me in black bags - her clothes were shredded and her toys were all broke.
Since the application for financial provision she has twice tried to set up the CSA payments again which I obliged to - she then cancelled them and said she didn't set them up! Her solicitor then sent me a letter saying she would cancel her claim if I gave up all parental rights to my daughter until she is 16 years old. I of course didn't agree to this and at present have a seperate claim for access going on which also seems to be dragging out. I have been nothing but a good father to my daughter however for over a year now I have been unable to see her as my ex is bitter about the fact that we are no longer together. Her last birthday card to me stated that she still loves me and always will and that if I agree to her demands she will drop her case.
We were due in Court next week to hopefully reach a settlement however she has now cancelled for the 2nd time, the first time was because she had no childcare and now I have found out that she is 6 months pregnant and is too ill! This has so far cost me over £3k in legal fees that I really don't have all the while she is receiving legal aid and dragging the matter out which in turn is prolonging the length of time I am without access to my daughter.
My current partner is now pregnant (planned) and I would like this matter resolved before she is due in April.
I have a solicitor acting on my behalf however he seems to be dragging his feet and the reason i've come on here is to see if anyone else has any advice/experience in dealing with this type of situation?
My ex has told nothing but lies and slandered me and I am now really at my lowest and just want this sorted asap.
Thank you.
Is it a c100 form she submitted???
if it is let cafcass get involved they will show her for what she is
You don't need a solicitor for most of these things as Google is your friend
spend your money on a barrister for your hearings through direct access or if you feel you are strong enough, do it yourself
The courts are use to LIPS now and should help you in the hearings explaining what is happening
It will cost you about 25 quid every time you write or speak to them or for them to talk to the other side
Ive done this myself and have been a pain in the backside to my exs solicitor
I have already reported them to the SRA for breech of confidentiality
They dont like LIPS as they have to treat you differently
Hope this helps
It looks like she's after your properties! The Schedule 1 is all about financial provision for the child, and generally concerns assets that go beyond what may be available through the CSA.
She must think that cancelling the CSA payments will in some way assist her Schedule 1 application.....bizarre.
There is of course nothing to stop you from opening a case with the CSA so that you can start making payments.
Sometimes solicitors seem quite happy to drag proceedings on or just don't feel the same sense of urgency that a parent denied his child feels. Normally I would advise you to write to the court and object to the further delay, but as she is 6 months pregnant they will be lienient with her. I guess though it wouldn't hurt to write and ask for a new date ASAP, asking them to bear in mind that the case has been postponed twice and time is getting on.
Check out the stickys at the top of this section, all about self representing....it's doable and it has been known for dads to sack a solicitor for the reasons you give and have been able to move forward with some success.
Good luck
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.