What legal recourse do I have with someone opening my mail and breaking court orders?

Question

I've been trying to speak to anyone at CAB or solicitor and not getting anywhere fast. Summary: left ex 1999. Changed addresses on everything related to me. 2001,Consent Order from court that the ex agreed he would keep paying the kids' insurance policies, proceeds had to go to the children on maturity in 2011 and the ex should do nothing to cause them to end, be cancelled or lapsed. Last month, one of the policies has paid out, although not due until 2011. Cue me contacting the insurers to find that all paperwork was still sent to my ex's address, that he stopped paying them in 2002 & I was never informed or I would have kept the policies going. So kids have lost out on policies worth £2,500 each. Insurers have given me copies & he has had over 20 letters written to me at the ex-marital home from them which he has never handed over & from what he has told the kids, its clear he's opened & read them. Anyone know where the law stands on all this?

Sorry, forgot to mention, I am in the UK. I am still out of work after getting a degree as a mature student last year, and a solicitor costs more per hour than I get to keep myself and the kids for a week. I think I could be entitled to free legal aid, but I haven't been able to find one solicitor willing to take the case on unless we pay for them upfront as almost no-one takes legal aid cases anymore. We left due to ex's violence towards myself and the children, and he has stalked the kids and me for almost 8 years with the police not prepared to help until he actually assaults us again. I am in debt & still paying back the £10,500 legal bill for the divorce to start with! We are really broke and I was hoping the insurance money would help the kids get on their feet with college, university, learning to drive, getting a car etc. The insurers have admitted that they have been liable in not changing my address when given all details in 1999 and again with the court order in 2001.

Thanks, "Another" for nothing.Why, of course I am ruining my kids' life for taking them away from the man who beat and sexually abused them.How terrible of me to take them out of that and to try and get them a new life.How awful of me to try to get him to stop stalking us & harrassing us 8yrs on.How awful of me to support them in school,and how awful of me to want to stop a man who has caused so much pain from stealing from them.How awful of me to have to report to the police that he has forged my signature on legal documents and left me saddled with thousands of quids worth of loans meaning the kids and I have over half out weekly income to pay out for his car,his house etc.What a crap mother I must be for having two child psychologists as well as the CAFCASS (family court welfare service) tell me that I am doing an exceptional job under impossible circumstances because of a psychopathic ex who threatens, lies and rips us all off, left right and centre.Not a F4J supporter are you?

Answer 1

Go to the police, it is a criminal offence to steal/open mail not belonging to yourself not a civil one. plus he has caused you to lose finance which makes it theft and fraud also.

Answer 2

I am not sure about the laws where you are, but here in the US, if you have changed your address and do not live with him anymore, its up to him to toss them, open them or give them to you. Once you have moved out, changed your address and notified everyone that should know, any mail that goes to his house is his. As long as he doesnt try to use your name or cash checks written to you that come in those letters there is not much you can do except go down to the post office and redo the address change to ensure your mail comes to you.
I have recieved many pieces of mail that belong to the former occupant of my home. If its junk i trash it, if its personal I simply write does not live here on the envelope and put it back in the mail box. I have told her several times that she is still recieving mail and it is up to her to ensure a proper address change.
You can question him about it, ask your lawyer about it, but I do not think that there is much you can do to mail that comes to his house and not yours. It would defintaly be illegal if he was getting them out of your mailbox, but as far as I can tell he isnt.
As far as the court order to hold the policies on your children, if he has stopped doing such then you need to take him back to court over this and the judge will make the descision about how to properly punish him.

Answer 3

This is hardly the kind of place you want legal advice, honey. Sounds like you need to call the cops and an attorney. Good luck!

Answer 4

STOP RUINING AND STOP THE DRAMA THAT GOES FOR HIM AND YOU, There is children involved, So STOP, and go get some real answers and help, Not here, dummy.
If this doesn't weak you up then nothing will!

Answer 5

IF YOUR EX AGREED TO PAY THE KIDS POLICY PAYMENTS ,THEN HE IS LIABLE,IN LAW FOR THE FULL AMOUNT AT COMPLETION.SEE YOUR SOLICITOR AND INSTRUCT HIM TO PROCEED ON THIS ,WITH COSTS THROWN IN.HE HAS BROKEN THE LAW INTERFERING WITH THE MAIL ALSO,THIS IS VERY SERIOUS,IF PROVED, HE IS GOING TO DO TIME.

Answer 6

I'd try going back to court. You need to tell them that he has broken their order. It will be a long slog.