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I am fortunate that my children live with me and only see their mum every two weeks. However we are in court because she wants me to bring the children nearer her because she moved further away. To my horror the judge accepted this despite me saying I couldnt afford to drive them 100 miles there and back every month. Is this sexism? If a non-resident dad moves away don't the courts say it is his responsibility to go to where his children are?
Have you had the final hearing? I think she should bear her share of the financial burden for the extra travelling costs. If the case is still active, perhaps you should prepare a breakdown of your living expenses to show how the extra cost will impact negatively on your children’s quality of life. After all, a drop in income will effect them if your budget is tight.
There is not likely to be a final hearing for some time. I managed to finally get the court to agree she needed psychological testing as she is a narcissist but this takes time. I went to an interim hearing today with my full finances which proved I had no disposable income. But the judge said i had to "make sacrifices" in order to take them. I tried to tell him I had nothing I could sacrifice (as well as my children I have 4 step children) but he said "that is the ruling of the court". I am stunned that because she chose to move away from her children that I have to pay for her to see them. And again I question if this would ever happen the other way round.
I am stunned by this decision. Are you claiming maintenance from you ex? If not, I would definitely open a CMS case to get something out of her.
She is supposed to pay £13 every 2 weeks. And every 2 weeks the CSA tell me she hasn't paid. Yet when she had the children she wouldn't buy them expensive gifts.
CSA or CMS should be able to get a deduction of earnings if she has an income, or directly from her benefits if she getting those. Keep on at the CSA/CMS to get this sorted out.
I agree, my daughters ex pays the same from benefits and it's taken from him at source and paid to my daughter.
I'm wondering if there is a possibility of an appeal, based on the fact that the judge hasn't placed the children's welfare as paramount... could the lack of regard for the welfare checklist make an appeal possible? By making you pay for all travel and having disregard for the cost burden on you, but more importantly on your childre, may be grounds for appeal.
Were you in front of magistrates or a judge?
Firstly £13 every 2 weeks wouldn't come close to paying for the petrol. And I should be using that for food etc. It is to MAINTAIN the children, not compensate for a mum who did a bunk and can't be bothered to travel far.
Instead of the usual family court judge we should have had and knew the case we had a higher judge who we had to address as your honour and stand up to speak. He was a very old school judge.
My children have a 14:2 guardian and solicitor to represent them in court. However the guardian wasn't there. The solicitor knew that my son didn't want to travel to the meeting place 100 miles away. But when she asked my 14 year old daughter she said "I don't care where we meet". The solicitor represented this in court as her being happy at it being so far away.
I told the judge that my finances were dire already and this would push me further info debt. That's when he told me I had to make sacrifices.
I have emailed the guardian and solicitor and strongly told them that I believe they have failed in representing the children. And I am contemplating asking for an urgent hearing.
My daughter receives £30 a month... it's a joke, the fact is he works cash in hand and has plenty to splash about, just not on his own child!
I agree, in my opinion the judge has failed to prioritise the childrens best interests, pushing you into further debt will adversely effect their welfare.
Best of luck
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