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i had joint custody upto 2 weeks ago [ through court last year] now my ex gave me full custody [ not through court ] now she wants joint custody again what do i do she is messing me and my wife and daughter around. I can not aford court fees
Hi John
I would say that the first thing you need to do is to sit down with your ex and discuss the situation, and the effect it is having on your daughter.
Unless there is something in the residence order to say that you can vary the order by agreement (and I can't see that there would be) then I dont think she can't simply give you sole custody to an extent that you could enforce it - any variation would have to be through the court. If she does agree to give you sole custody and is prepared to stick to it, then you have two options
1. Go to court and get a new residence order - if it's by agreement, it should be a simple process unless the court decide that they want a report, or don't agree with the idea
2. Do nothing, but take the risk that your ex can resume joint custody on the basis of the court order, in which case you would either have to give in, or fight it in court.
You could represent yourself in court, in which case the court fee is about £200 - I don't think there is any way around this, but it saves the cost of solicitors, which is where things get expensive.
Have a word with the Children's Legal Centre for their advice on this.
Hi John
I have asked our legal experts over at the Childrens Legal Centre to log in and give you some free advice .
Dear John,
Thank you for your enquiry. If you feel that it is in the child’s best interest to reside with you on a permanent basis you could apply to vary the order for sole residency. In order to vary the order you would need to apply on a C100 application form. Additionally you can download guidance notes called CB1 and CB3 from the HMCS website.
I appreciate you cannot afford court fees, however there is a £200 fee for making the application. If you feel that you may be eligible for a fee exemption you could apply on ex160a (this is guidance with an attached form).
Additionally, if you feel that the child’s mother is forcing you to return to court by acting unreasonably, then you could apply for financial compensation to cover the cost of application. However, it would be for the court’s to decide whether this is justified and reasonable. They may refuse.
It may also be a good idea to gather any evidence to prove that she agreed to informally vary the court order. This may not be legally binding but it will show your intention at a particular time. As there is a court order in place you could be found in contempt of court if you fail to comply with all its conditions. For this reason it would be advisable to apply for a variation.
The court will examine the situation and decide the issue of residency based on what they perceive, is in the child’s best interest, and of course stability is considered very important.
If you have any further enquiries please do not hesitate to contact us on 0808 802 0008.
Kind regards,
THE CHILDREN’S LEGAL CENTRE
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