I need help seeing my children, who I have a contact order for but my ex wife has broken. She has taken them 500 miles away and i know longer get to see them. When I contacted the courts they say i have to logde a £175 complaint at the court, even though and order has been broken!! and I will have to travel to the court closest to the children now too. I so want contact with my boys and they with me but I can not afford to do all i need to do to see my children, of which my ex wife is aware, and is very clever as she is a solicitor and seems to beat me every step of the way!!
2007-01-20 19:53:24 · 8 answers · asked by Holly 99 1 in Family & Relationships ➔ Marriage & Divorce
Get advice from the citizens advice bureau initially and they will point you in the right direction. If you have a low income you could be eligible for legal aid.
You need to find a solicitor that specialises in family law, once you have found one you will find that they normally do the first hour with you for free.
You may find that once your ex realises you are serious and are seeking legal advice she will come to an out of court agreement with you.
Good luck, it's nice that you want to see your boys so badly, don't give up x
2007-01-20 20:03:41 · answer #1 · answered by Poppy 4 · 1⤊ 1⤋
If you are on a low income, you may qualify for exemption from the court fee. I was a legal secretary for many years, and solicitors used to tell me that judges often seemed to be favourable towards people acting in person (without a solicitor representing them) even when the solicitor was acting for the side that was unquestionably in the right. If you can possibly do it, go to the court, even if you do have to pay the money, and ask for a specific order. If your ex is a solicitor she can probably afford to fund travelling costs, either yours or the children's. Explain to the judge, calmly and rationally, that your ex has been taking advantage of her professional knowledge and using it to find ways of preventing the children from seeing you. If you have any letters or cards from the children expressing affection for you, saying that they want to see you etc, show them to the judge. This will help to counter any attempt by your ex to claim that the children don't want to see you.
You could ask the judge to attach a Penal Notice to the order that he makes. This will tell your wife that she may be sent to prison for contempt of court if she fails to obey the order.
Don't think that just because she's a solicitor, that she's above the law. She isn't. If solicitors break the law, they can and do go to prison. Which is dreadfully embarrassing for them, poor dears!
2007-01-20 21:18:59 · answer #2 · answered by Specsy 4 · 0⤊ 0⤋
I did this to my ex too, moved hundreds of miles away. His game plan was to see our children alternate weekends and at the same time avoid paying any kind of maintenance, whilst giving him the opportunity to totally screw any chance I had for a clean break /fresh start - by cancelling at the last miinute whenever he felt like it. He wanted everything on his terms.
You need to address the underlying issue here, and use your smarts to figure out the best way forward. You must have some smarts otherwise you would never have managed to marry a smart-*** solicitor in the first place. Get the boys a pc and a webcam and video with them on msn until you can sort out something more agreeable.
Long distance contact can be done but it requires forward planning and commitment. Look for cheap train tickets and get a tent.
2007-01-20 20:34:14 · answer #3 · answered by Tertia 6 · 2⤊ 0⤋
If you are in England surely you could apply for Legal Aid. Go to a Solicitor or Citizens Advice Bureau.
2007-01-23 15:36:09 · answer #4 · answered by animalwatch 3 · 0⤊ 0⤋
Can you get legal aid? Go to citizens advice bureau and ask them where you can go...Some solicitors give an hour free these days. Don't give up, she has no right to do this to the children........Good luck!
2007-01-21 01:49:41 · answer #5 · answered by Jackie 4 · 1⤊ 0⤋
Go to an ordinary solicitor and explain everything and you may be able to get assistance - keep trying, sooner or later the lads with be grown up and can make up their own minds. OK you may have missed their youth but that can be countered by the affection shown later in life.
2007-01-20 20:04:17 · answer #6 · answered by SYJ 5 · 1⤊ 1⤋
as much as i am open minded, i do not think that kidnapping is your answer... unless you want to spend some time in jail and NOT see your kids for much longer then...
of course there is more to your story - as for the reason why your ex left with the kids for one...
anyway, if you think you have a chance in the courts, save the money needed and lodge the complaint. if you want so much too see your kids, i am sure you will not measure any efforts in doing what is needed.
2007-01-20 20:07:34 · answer #7 · answered by luckylady 2 · 2⤊ 1⤋
In the United States there is a Coalition for Family Justice. See if there is something in your country similar. They help people who are being brutalized in the marriage, divorce, visitation, child support areas.
2007-01-20 19:57:08 · answer #8 · answered by Penelope Yelsopee 3 · 1⤊ 1⤋