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Hi all, I haven't really used many forums before so apologies in advance if I have missed something.
I won't bore you all with the sad details of my current situation but I would just like to ask a question relating to an order that has just been made.
I have my son 3 day's a week, his mother has him the remaining time. She has also just obtained residency in her favour and the court have ordered the current schedule.
My question is, as she has residency is it a requirement that she provides clothes when our son is with me? She is currently refussing to send them, rediculouse I know.
I have sent letters requesting clothes but she has just continued to refuse.
Hi Mike,
Welcome to the forum. I have moved your post over here to the legal eagle board as I think this is the best place for it.
That's a really interesting question, I will ask the Childrens Legal Centre to pop by and give you the benefit of their expert knowledge.
Keep checking back.
Gooner
Hi Gooner, thanks for that. I am still having a little trouble navigating the site. I'm sure it will come.
It a very sad situation that my son's mother acts like this but there doesn't seem to be anyway for her to get past her stupidity. Think it's hereditary 😉
Dear mike2071,
If the mother paid for the your son’s clothes she does not have to provide you with them; however, you can apply to court for an order called a specific issue order which, if issued, could require her to hand your son’s clothing to you during your contact times.
To make an application for a specific issue order you need to complete a form called C100 which you can download from http://www.hmcourts-service.gov.uk . There are two other forms, CB1 and CB3, which you can also download from the above web site which are guidance notes for completing the C100 and the process that that entails.
The application will cost £200. It may be worth completing an EX160 if you feel you are exempt from this fee. The guidance notes for this form are called an EX160A. You should then submit this form with your application.
Your ex partner will be able to contest your application for a specific issue order but a judge will decide whether to issue the order on the basis on what he considers to be in the best interests of your son.
If you have any further questions please do contact us on 0808 8020 008.
Yours sincerely,
The Children’s Legal Centre
Thank you for your help. I had downloaded these forms to deal with some other issues so I will add this issue on.
I would just like to add that I used to be the main carer for our son (4 days a week) His mother always claimed the child benefit and I still gave her money towards these type of things.
Did not want people to think I was just being a bit slack. 🙂
Hi Mike
Would be really interested to hear how you get on...keep us posted
Good Luck
SM
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