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ok I'm going through the [censored] and misery that an ex wife can bestow when she really is obsessed with causing max damge.
Already interviewed under caution for common assault - not charged or even arrested!! clearly she dream't it all up. That was last week.
Just back from family court to get my childrens passports to take them on holiday before Christmas. Mission successful!! her grounds for stopping me were deemed unreasonable - no surprise!! the down side is it cost £290 and two and half days of work action. Anyone got any idea if I could recover this cost via civil court action - small claims?
Your thoughts or experinece?
Many thanks!
Steve
Hi There,
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I have never heard of this being done, But actually I see no reason why you couldn't try, the only issue would be if you didn't win, you would have to bear the cost of taking her to court.
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Would be interesting to hear a legal view on this as it happens a lot that a RP causes issues for no real reason and the non RP then has no choice but to take them to court and pay the costs.
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I would possibly look at getting an appointment with a solicitor to ask some advice before moving forward, lots offer 30 min free sessions so you could get a pretty good idea of your chances from that.
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One thing to bear in mind though is that if you rock the boat further by trying to claim the costs back, it could make your ex even more difficult in the future especially if you didn't win, though that said if you did take her to court for costs and you won, it could make her think about whether to cause those issues if she thought she would have to cover the court costs again.
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Not much help that last bit just my ramblings Lol
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GTTS
Hey, thanks for the reply - its good to get the ball rolling on this!! I'm very skint and £300 just to get what is reasonable and within my rights is crippling and I'm already in some debt!!
My costs will be small, but whether successful or not it sends out a message that I wont be messed with and also, ya know thats £300 that wont benefit our children!!
If she has to pay up she will think about her reckless behaviour in the future fingers crossed.
Steve
Hi
Costs are very rarely awarded in the family court. There have been the odd cases of them being awarded but there's no guarantee whatsoever.
Many solicitors offer a free 30 minute consultation so it might be worth taking some advice or you can call Coram for advice too.
Hey, thanks, I'll give them a call! yep the family courts are quite rightly all about the children and money was not agenda item. It does seem unreasonable and costly to have to get a court order every time I want to take my children on holiday so I'm sure there must be some sensible way of stopping this. Hopefully if it costs the ex she will decide for the greater good to be reasonable and just let me take them.
I prey for calm, rational and reasonable behaviour from my ex!!!
Steve
Think carefully about the small claims court - I think that you have to pay an up front cost, and a decision is then made if you have a case to bring. If not, then I think you lose the money. If you do have a case and then lose, I have the feeling you have to pay an additional fee.
Also, if you do try and lose, she'll take that as a victory for her - that may be something you don't want to give her the luxury of.
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