Q:

My daughters father left us when she was 8 months old, she is now 6 yrs old. Contact has been very little and now that he has decided he wants to see her every week, my daughter does not always want to go with him...he blames me for this, saying I shouldn't give a 6 yr old a choice, she has to go with him no matter. Please can u advise me what power he can get to do this...can he make her go to him if she really doesn't want to? by Justine

A:

If you cannot agree on a regime of contact you are both happy with I suggest you go to a family mediator for help. If mediation doesn't work the only option open to father is to go to court and ask for what is known as a defined contact order. In my experience a court would not be likely to give father more than every other week-end and some extra time at Christmas, in the Spring and Summer holidays and then only if it was satisfied that it was in the best interests of the child. She is too young to make up her own mind but if what he wants affects her adversely she wouldn't be likely to have it forced on her. You should see a solicitorlocal to you for further advice. .

Q:

My boyfriend and I have been living together 5 years and have 2 children. I understand that legal rights over the children are different for non-married parents. Is it true that my boyfriend is not a legal guardian of the children? If they required an operation or something along those lines in hospital am I right in believeing he wouldn't be able to sign any consent forms? Also if I was to die would he get automatic legal custody of the children. If he doesn't, if I've stated in my will that the children are to stay with their father would that be enough to keep them together? Thank you in advance fo your help in this matter. by Kathleen

A:

The law relating to unmarried parents is that the mother is the legal guardian but the father has parental responsibilities and if he is named on the children's birth certificate he will probably have no problems. Your will is fine. If you separate he should have parental responsibility and you can enter into a parental responsibility agreement at any time. .

Q:

i cant live with my wife and my babies becoz embassy uk in morocco refused my application of 2 reason (v) and (iii) and i want made other application now but my wife she cant work she look of my babies she only 25day eny help plz what i can do?thnx by I

A:

You should direct this question to an immigration specialist but my understanding is that you will have to prove you are a real family and both committed to each other permanently to be able to succeed. .

Q:

my husband is a british citizen and am Nigerian i am on spouse visa and we have two kids $ and 3 mths old can they have a british passport/citizenship by joan whyte

A:

I'm afraid I cannot answer this question as I am not an expert in Immigration law but I believe they may be entitled to British Passports/citizenship due to their father being British. .

Q:

Hi plz help as i do not no who to turn to. I got divorced in 2005 and i live with my three children age 13, 14 and 17 two girls and one boy. I live in a council house and wen we moved in it was a joint tenancy. now i cant move to a bigger house because he is still on the agreement. I did contact a solictor but i cant afford the fees and do not qaulify for legal aid. I recently got married but i cant apply for my husband to join me because we dont have enough room in the house. plz advise me wot to do hassle free and not too expensive. Many thanks Mina B by Mina B

A:

You can apply to the council to ask for the tenancy to be transferred into your sole name. Alternately you could apply to the court to order this but that would be expensive .

Q:

Dear Sirs. My current partner and I moved intogether in Oct 2008, as we met in Nov 2007. Prior to meeting her, my partner had seperated and divorced her husband. Whilst through the seperation, my partner had aquired a £500 crisis loan as she was placed into emergency housing. Now she has received a letter stating that she has to pay it back. At the time she received the loan, my partner was working part time. However recently my partner has been diagnosed with Spondylosis of the Spine and is now on benefits. She phoned the DWP to arrange a repayment via weekly installments but the DWP have refused her offer, and have sent her a form that requires her incomings and outgoings, and also they require me to fill in my incomings and outgoings. The question I pose is: Can I refuse to give me financial details? As this payment to my partner was made under a contract between the DWP and my partner before we met. Regards Mr Lee James by Mr James

A:

I take the view that as you are not married the dept can't force you to disclose your financial details, also the circumstances of the loan clearly did not concern you and you shouldn't be required to pay any part of this debt. .

Q:

Please help. Last September 2009, I had to leave the 'matrial home' with my 3 children (1 being disabled) ages 11, 6 & 1 after being assaulted a number of times by my now ex husband (he was arrested and only got a caution). He stayed in the house and changed the locks with my furniture still in there. Since then he declared himself bankrupt and hasn't paid the mortgage since I went. There has been an offer on the house as he put it up for sale, but there will be a shortfall of around £30,000 which the mortgage company are coming to me for. I tried to get my name off the mortgage last year but because he had already built up arrears they wouldnt let me do this. I cant believe he is still there and not paying, not only have I had to set up home with the children by myself I am now being pursued for this debt. He also doesn't pay any maintenance as he lost his job. Is there anything that I can do? by annie macfarlane

A:

You should get urgent advice from a solicitor but on the face of it there's little you can do about the claim for the arrears except perhaps go bankrupt yourself if you can't pay it. You are entitled to such of the furniture as you need to provide a home for the children and in the future you can make a claim for financial relief in the divorce court and could well find the court would be sympathetic and if he had any money you could be in for a payment. If he has any pension provision that would escape the bankruptcy and you could get a transfer to you of some or all of that. I wouldn't recommend taking any action until he has been discharged from the bankruptcy but be guided by your solicitor. .

Q:

can my ex wife go on a honey moon and leave my son with her mum when i have parental rights to him by john draper

A:

Yes your ex can leave the children with your ex in-laws, parental rights simply signify that you are concerned in your child's welfare and upbringing and have the right to have your say. If you and she disagree about any aspect of the child's care you can go to a court and ask for a ruling thus you can go to the family court now and ask the court to rule whether she should place him with her mum while she is away but if the court finds that granny is a suitable person to look after your son you may well not succeed in challenging this arrangement. .

Q:

how can l stop my 2 ex partners telling lies about me to social services and the courts previously they are calluding with each other could l take them to court telling lies about me by d hayton

A:

I'm afraid that defamation of character (which is what you are complaining of) is very difficult and expensive to prosecute and you can't get legal aid. I suggest you consult a solicitor local to you and at least get letters sent warning them off .

Q:

My son is 3 yrs old, i am divorced from his father and as part of the divorce, a court order was made to give my ex-husband access and i have residency order for my son. The courts declined his request for half of the school holidays. I have just received email informing me he intends to take my son to america in two years time without my consent. Can he do this? Can he go back to court to challenge the residency order or change the contact order? I live in scotland and my son was born after may 2006 so the new scottish family law applies. Please help as i feel he is pressuring me and threatening me with court if i dont agree. he says he has the right to take my son abroad anytime. by Amanda thomson

A:

I am not sure about the position in Scotland so the answer I give is based on English Law so please get the advice of a Scottish lawyer. In England you as the carer can refuse to allow him to take the child out of the country and get a specific issue order to that effect. He has the right to go back tothe court at any time and on any issue and if he applied for permission to take the child out of the country against your wishes the the court would allow him to do so on strict conditions and only if it is satisfied it is in the child's best interests. Get the child a passport and keep it in a safe place anyway as he can't get him out of the cuntry without a passport. .

Q:

I AM ON INCOME SUPPORT,BUT I AM WAITING ON 15000 INHERITANCE FROM A WILL CAN I STILL CLAIM LEGAL AID by KEITH

A:

Legal Aid will probably cease to be available once the money arrives, you must notify the authorities when you are paid. .

Q:

I have been split with my husband for nearly a year now. Im living with our two children 16 and 14years which he sees for 2-4hours a week. The house is in joint names and he has paid half morgage since he left. There is still £50,000 left owing on house and the house is worth 135,000. how much would he be intitled to. He also has said his not going to pay anymore how much will he be intitled to then if i carried on paying it. by gayn

A:

On the face of it he is entitled to one half of the equity in the house less the notional costs of sale. If however he has not been fully supporting the children or paying you maintenance for yourself and now stops paying towards the mortgage the divorce court has the power to change the shares in which you own the house and to defer tie time when he must be paid. You should consult a solicitor on the question and get some advice specific to your circumstances .

Q:

through her pregnantcy she told me i was my son dad he is now 10 mths old and now she saying she 100% sure im the dad got court order for dna as im fighting her for full residence of our son and for his safty but she wants me removed from birth certifcate can she do that ? i did hear that she can only if she can proof who the real dad is in certain amount of time is this true ? thank you gary grimes by gary grimes

A:

She can't remove you from the birth certificate even if it is established you are not the father unless there was some fraudulent completion of the particulars on the original certificate application and then only with the consent of the authorities. This isn't the first time I've met this situation and I've never known an application to succeed. .

Q:

I currently have a Tier 4 General student visa in UK and am staying with my wife who is on a dependent visa. We have not been happy since our marriage and we are getting divorced soon after which she will return back to her home country. Also, my family want me to get married to another girl. If I remarry, will there be any problem for me to bring my new wife to stay with me on a spouse visa? Will it also hamper my prospect of me applying for 2 years work permit after the completion of my studies? Please advise Regards Suraj suraj22_2003@yahoo.co.in by Suraj

A:

I cannot answer this question as I have no expertise in immigration law. Please direct this question to the immigration page. .

Q:

my childs father has a resident order. I am wondering how do i stand on getting someone in the legal front to speak to my child to see what he wants. my x-partner is being malisious and causing problems for me. i have a contact order in place which he dosnt stick to. by siobhan clifford

A:

You don't say how old your child is. After about the age of 7 the court would expect to have evidence as to the child's wishes and needs in deciding the question of residence or contact but the child's wishes are not likely to be followed until he/she is 14 or older. You need to see a solicitor about this and take the existing order with you. Perhaps the way forward would be to go back to the court and ask it to vary the order so as to withhold contact on the ground that he is unreliable and then ask for a CAFCASS report, the CAFCASS officer would need to see your child with you and with father and talk to the child as to his/her wishes and then make a report to the judge. I repeat however that you must go to a solicitor with all then documens and follow his or her advice. .

Q:

I have recently discovered that my son's father is not his biological father and i want to remove all his details from my son's birth certificate including the surname as he carried his. We have no contact and havent for a year now we have completed stat. declaration to remove his entry and he doesnt want anything to do with my son. To save my son, who is 5 any difficulties later on in life with this surname he doesnt use now any further confusion i wish for it to be changed to my surname and all details removed from the birth certificate. Is this possible to do if i make a declartion to the court on psychological grounds? by May

A:

This is a very difficult subject to advise on. I don't know if father and you were married or if not married there is a parental responsibility order in place, if the answer to either is "yes" a court would refuse to allow you to change his name. If the answer is "no" you can change his name by deed poll but that won't alter the birth certificate. The only way a birth certificate can be changed is on adoption and that doesn't apply here. You should consult a solicitor for more detailed advice. .

Q:

can i get my husband in prison for mental abuse he is still waiting for his home office to reply to his case aswell i want him deported by miriam

A:

You are confusing civil and criminal law. Under criminal law it might be possible to get him prosecuted for an offence carrying imprisonment but it is a long and uncertain process and the police will probably say it is a civil matter. If he is causing you actual harm by his behaviour you can apply to the civil court for an order preventing him from living at the house or going to it or even contacting you, if he broke such an order it would be a contempt of court which can be punished by imprisonment. I suggest you see a solicitor immediately to discuss your case and get help.You cannot do anything about having him deported that is a home office matter but if you got an exclusion order they should be told. .

Q:

My husband left me and my 2 children 8 months ago.He has taken the children out 3 times in this time even though he lives 2 miles up the road. I have been paying all the mortgage since he left and he has been giving me £300 a month maintenanace. I applied to take the mortgage on which is £86500, but because I work part time they refused,they have advised to remove my husbands name from the deeds but leave him on the mortgage,if I do this what impact could this have if he decided not to pay some unsure loans he has.My children are 12 and 13, he has had gambling problems in the past that is why he has loans,also can he force me to sell and is he meant to see his children on a regular basis. I am not going for a divorce yet as it is him who has choosen to leave so he should sort it by claire

A:

Your situation is quite common so please don't worry. First, while you need the house as a home for the children the court will protect you and prevent him forcing a sale unless you can secure somewhere else which is suitable which seems unlikely if you are only working part time. Second, if you get a divorce or judicial seperation you can apply to the court for a transfer of the property and it can order him to transfer his half of the house to you giving him a charge back for whatever share the court thinks is fair and which may well be less than half. That would leave him on the mortgage and when you are able to work full time and hopefully satisfy the building society they may then release him. If the house is transferred then unsecured loans would stay with him and if he defaulted you would be safe but if he defaulted on secured loans your home could be at risk. .

Q:

My parents put their house in deed of trust for their three children many years ago. My dad died 10 years ago (more than 7 years after the deed) and my brother has not seen my mum since. My mum moved house and we (my other brother and I) had to seek his permission to sell. He allowed her to use some of the money for her new home but demanded a third of the equity. The deed carried over to mums new home (I assume). Given my brother has not bothered with his family for over 10 years is he still entitled to his share when mums house gets sold hopefully in a very long time? If so, is there a way out of this? by Heather

A:

It all depends on the deed of trust and any variation agreed at the time she changed homes.If she did give him a third share in her new home that will I think be taken in lieu of the third share under the trust. You need to see a solicitor and take along a copy of the trust deed and any variation. The fact that so many years have passed doesn't affect the legal position many trusts run for up to 100 years. .

Q:

My sister is Executor of Will in Scotland. My son was to receive inheritance at 18. I was not mentioned in Will but been using Solicitor over 2 years trying to gain Legal Right. My sister refusing to pay out to my 18 year old as she says I am holding up case. Its been over 2 years. We also have evidence she has taken some of the Moveable Estate but has now paid it back. She was left my dads house in Will which she has now sold. Can my son now sue her as she has breached her role as Executor ? She has told my son its my fault for putting in a Legal Claim but she has had over 2 years to resolve this. Im thinking of taking her to court too. Would she be liable for our court fees if we won. My son was mentioned in Will to receive on third shate of Estate and was to have received at 18th birthday, which has now passed. He isnt working as was planning on using funds for a trip of a lifetime. by Lesley

A:

The law in Scotland is different from the law in England but assuming the Inheritance Law is the same you could have a claim against his Estate under The Inheritance (Provision for Familys and Dependants) Act 1975 but would have to have done so within 6 months of probate of his will. I guess that she hasn't got probate yet am I right? Your son can certainly force her to complete her duties under the will once probate has been obtained. You should consult a scottish solicitor urgently. .

Q:

My partner left me and my two sons 2 years ago, ive been offered a mutual exchange and been allowed it however, i recieved a letter saying it was a joint tenancy and either my ex needs to sign too say he no longer lives here or is moving with us. I have my own copy of my tenancy which is only signed by me and is circled sole tenancy and signed by the lettings officer. I went to the council today too show them my copy and explain that he hasnt lived here for 2 years and i have no contact what so ever not even CSA from him for our children. I understand there has been sightings of him in yorkshire but have no way of contacting him. I do however have a letter he wrote before he left saying he no longer lived here anymore and was moving away. They have taken a copy of this letter this morning and are going too view their copy of my tenancy and get back to me. What id like to know is how do i go about having him removed if he is on their copy without having too try and get hold of him etc after all he has not lived here for 2 years. I really want too swap propertys but this is delaying it. Many thanks by Helen

A:

It seems that someone in the council offices made a mistake in identifying your tenancy as joint. The council must go on the actual documents and the agreement being a sole one is binding, also the letter you showed them will be persuasive. If they won't play ball there are 2 courses of action open to you:- 1. You could apply to a court under The Trusts of Land Act for a declaration that the house was acquired or kept as a home for the children and therefore that it is yours for the children and should be transferred to you. 2. Assuming he is the father of at least one of your children you could apply to the Family Court for a transfer of tenancy to provide a home for the child/children under Section 8 of the Children Act. Neither of these actions are straightforward and you will need a good solicitor to help you and should be eligible for legal aid. .

Q:

My partner has applied to Court regarding his ex wife interrupting his contact with the child, giving excuses he has stay over at friends or doing something else. It has started about 1.5 years ago. They have not spoken since child was 3 and now he is 11. His ex wife has been passing all the messages through the child. She makes child to prevent father from being in any part of his life, i.e. dropping him at friends place or coming to see school teachers. If he asks the child why is this done on their time, he does not answer or just cries or says its his choice as he is old enough now. It has become a norm that after such weekend child calls back from mothers house and tell him off very rudely of why he's been asking him such questions. Once my partner tried to explain to him that time is set by court order by which his mother should comply. It once again followed by abusive phone call after drop off at mothers saying 'how dear he speak to him about court order'. Now that we started Court process, her solicitor argues that she has done her best to encourage child to see his father at agreed time, but that child has been upset with the father and doesn't want to. She refused mediation to resolve the issue and says the issue is between the father and son! She suggested they have dinner to settle their issues (which she then refused) and mediation between them alone (which is not appropriate considering his age and advice by mediators). She is threatening my partner to start litigation process (for whatever reason). We will now refuse mediation as not appropriate and try to negotiate via solicitors what she believes are the right times for visitation. If that is still a dispute, what shoudl we do next and do you believe judges will take into consideration her actions of badmouthing (sone said 'I know why mommy says you're horrible), refusal to attend mediation and pushing child into stressfull situation by blaming him on interrupted contact as if it is 'his wishes' to do other things on contact times providing she wouldn't agree on alternative days for contact to take place..? Please help! by agne

A:

He can only go back to the court that made the contact order and ask the court to order that she complies. This isn't an unusual case I'm afraid and the court are well used to this sort of behaviour but it is very unfair to involve the child this way. I expect the court will vary the order to meet the needs of the child but after a CAFCASS report which you should ask for. I'm disappointed you won't go to mediation, this could be a mistake and I would urge you to at least try. .

Q:

I am living with partner and our child of 7yrs old we have been together for 8yrs and i owned my flat prior to her moving in can you advise what rights she has and mine if we seperated and can i sell the flat at any time. im unsure waht to do at the moment whats my rights and can you tell me if she has any at the moment. thanks kevin by kevin

A:

If she has contributed to improvements etc she may have a claim for herself but the strongest claim will be for your child. She could make an application under the Children Act to have you excluded from the flat so that she can live there with the child and the flat could then be put out of your reach until the child leaves school. I strongly recommend you see a solicitor and get urgent advice. .

Q:

I was seperated from my husband for about 3 and a half years, unfortunately he has just passed away. He never paid any maintenance for his two girls, who are now 12 and 15, he had no assets of his own, am i entitled to any benefits either for me or for them? by teresa grove

A:

You are the widow as you are still married so you might be able to claim on that ground, check with your local benefits office. It is possible that he may have had life insurance so do check that aspect. If his death was as a result of someone else's actions you might have a claim but if not I'm afraid that I can't see any other route to benefit from his death. Do consult a solicitor local to you you should be able to get a free half hour just to make sure that there is no chance of making a claim. .

Q:

My mother and her partner bought the council house that she had been a tennat for over 20 years. discount was applied when buying the house due to the amount of rent she had paid over the years. they got togethe rand he moved in 3 years ago. the relationship has now broken down and he is wanting to sell the housee and get half of everything. is he only entitled to half of what it is now valued at over what it was valued at at time of purchase, i.e will my mother be able to get back the amount of discount that she got off the house and split anything else over that? by john brown

A:

The house was presumably put in joint names when they bought in which case he must go to the court to get an order for sale. When deciding whether to grant an order for sale the court will look at the contribution point and can put a value on her pre-cohabitation tenancy. Strictly speaking if the house is jointly owned the starting point for division is 50/50 but if the court thinks a different division is fair it can order it. She is under no obligation to sell until there is an order. The court can take everything into account but usually goes on the up-to-date value and may alter the shares to achieve fairness and to return the discount to her.. .

Q:

Hi, i have been separated from my wife for 18 months and our separation remains amicable, i am now 7 months into a new relationship and my girlfriend is currently divorcing her husband. from her separation 2 years ago she was able to buy her husband out of their property and her mortgage is in her sole name, (incidentally her separation is also amicable) my ex still lives in our marital home for which i pay half of the mortgage and child maintenance to her monthly and have agreed to until my youngest of 8 has left full time education.the time is right and my girlfriend and i have been discussing me moving in with her in the very near future and i will not be bound to her mortgage or anything financially.although i will contribute towards household bill etc. can my ex claim any of my girlfriend assets as part of a divorce settlement or at any time in the future? i have 2 dependant children who do not live with me but i do accommodate at my rented flat and my girlfriend has 1 dependent child who lives with her. Thank you. by Andy

A:

Your wife cannot claim any of your girlfriend's assets but if for instance the house were to be put in joint name even just for remortgaging purposes you could be said to have an interest in it and your interest could be attacked. I recommend that you get a solicitor to draw up a separation agreement with a memorandum of the present position and agreement over your house the maintenance etc and a clause stating that in the event of a divorce the agreement will be laid before the court for a consent order in the same terms (it won't bind the court absolutely but would be very persuasive). .

Q:

My Ex husband left me in Jan 2008, he said he left me because he said he was too mentally ill to cope and was addicted to drugs. We got married in April 2006 and I applied to my solicitors and got a divorce which came through in Dec 2008 I got this divorce to go through because he texted me to say he’d got the papers but never sent them back, I had to do a avidivat and then it went through. I didn’t get the house sorted out with the divorce as I was only entitled to basic legal aid at the time. I still live in the house that we jointly own and I solely have always paid the mortgage payments every month. We have a 5 year old child together. When we brought the this house in June 2005 a deed of trust was drawn up to say that on the sale of the house the first £57,000 will come to me and this is the sum I contributed when buying this property. The house is currently worth £150,000 and the mortgage is £116,000. I have been in contact to my ex over a mobile telephone a few weeks ago, he told me he was homeless and was on benefits as he couldn’t work due to his mental illness (which I think is when it suits him) and agreed he would finally sign for transfer of equity, to put the house solely in my name (which I sent to him when he had an address back in march 2009), I had all the papers ready at the solicitors, but he failed to turn up. Now he won’t answer my calls. He has not paid any maintenance since he was living with his ex-girlfriend back in April (she chucked him out because of his behaviour) I want to get out of this mess asap, I received notification from the land registry they are going to put a charge on the house due to one of creditors not receiving money from him and I know there is another £10,000 he owes from other letters still coming through the post for him. I fear that he may turn up on my doorstep expecting to come back and live in the house, which I live in with our daughter and my new partner. I know legally he’s entitled to move back in but I fear for my daughter and my safety, he’s violent and a drug user who claims to have mental health issues. I know that I’d have to get a court ancillary to get a judge to decide to put the house in my name but this is going to cost me £10000 and even then the judge may take his side because of his mental health issues. However I don’t even know how I could get to that stage as he has no address??? I’m thinking the easiest option would be to sell but I need a court order as my ex is so unpredictable I don’t think he’d be around or agree to selling the house – I think he likes that he has this hold over me. If he has no fixed address how can I get a court order to allow me to sell? Is it cheaper to get a court order to sell than to go through a court ancillary. Do you know of any other way I can get free of my ex for good. I know for a fact he’s just burying his head in the sand and won’t agree to do anything to help me out, I am going to have to go to the courts over this. by michelle hammerton

A:

You should get a Legal Aid funding certificate if you are financially eligible and apply to the court for a transfer of property order. Before you do so I suggest you text him and say that you are being forced down this route because he hasn't gone through with the voluntary transfer and that you will ask the court to extinguish his interest in the property and for him to pay the costs of what should have been a simple consent order rather than a full application for Ancilliary Relief. It may be that if he feels threatened he might come to the table and sign the documents but if he doesn't he puts himself at risk of costs. From what you tell me you are bound to succeed, he is eligible for legal advice at the lowest level and will be told he has no chance of getting round the Deed of Trust or avoiding his liablity to house your child. It is cheaper to go the Ancilliary Relief route in your case. .

Q:

My son is the father of his ex girlfriends child and pays through CSA for him but has since married now to his wife and has a daughter of his own. now he has had a letter from the CSA again to say he has to start paying for a second child that his first girl had lately in april and blaming him as the father of her second and he is to start paying off his wages which he has nothing to do with her. She is claiming to say he is the father which he is definitely not how does he get a DNA test to prove he is not and stop the payments for the second which is not his. The CSA are going to take £278 a month without evidence starting next week please inform to help thanks . by Mr A.M.Paterson

A:

He should immediately tell the CSA that he is not the father and demand that they get a DNA test. If he challenges the paternity they should suspend payments for the second child and he will have the chance to disprove it, if necessary he could apply to a family court for a specific issues order for such a test. He sould see a solicitor for help. .

Q:

I have been seperated from my sons father now since 2003. he kept contact for the 1st six months or so but has since come in and out of his life speradicly. Although i am not happy with this, my son is 10 years old and asking his dad his own questions and i do not get involved with their relationship, i dont want to be held responsible for how their relationship does or doesnt turn out. He has his own phone purely for his dads contact and so i leave it at that. My query is, i have had no child support maintenance now since 2004.I know he has worked in the past and is still working now as he sent me copys of his wage slips a couple of years ago along with a letter from his solicitor stating he would give me maintenance if i agreed to these. I did not agree to them as they were about visitation with our son and my son did not want to stay over night with him. I am frustrated as i know he has worked and is working but yet the CSA are saying they cant trace him through there usual ways and through the inland revenue trace service using his national insurance name. Please can you help me with this as i dont know what to do. He also goes by another christian name and they have tried using this name but with no luck. is there anything i can do to trace him? by joanne acton

A:

It seems to me that your ex is trying to avoid meeting his obligations to his son but whatever his solicitors say he can't get out of his liablity to support the child. He must have assumed a new identity completely. I assume that the wage slips you were sent were in his real name but if they were in his new name you might have a lead. A letter to the solicitors asking to be put in touch with him or you will prevent phone contact may be worth trying. I also suggest you send a copy of what you have to the CSA if you haven't already done so. You could of course go to a private dective or tracing agency but this would be expensive. Ask the CSA how much the arrears are the amount will probably surprise you and might justify some enquiries. Then I suggest a text on your son's mobile phone asking whether you should get the CSA to persue the arrears may get a result. Finally there is a new mobile directory which might at least give you his new name and address. The final solution is to tell your ex by text that he can't go on having phone contact unless he comes out into the open but you may feel this is going too far .

Q:

My husband would like to adopt my son, we have been together 11 years and my son is 14 years old and has had no contact with his real dad for over 12 years, can you tell me how the law stands on this. Thank you by Lynn Taylor

A:

While the court does have the power to make an adoption order it very seldom does so unless the parent without care signs a consent form and the court decides it is the right thing to do after extensive enquiries including social reports criminal checks etc on both of you and a detailed analysis of your home circumstances. An often used alternative would be to get a joint residence order with your present partner, a much cheaper and easier process. Before making any decision do please find out if Dad will consent,talk to social services and find a solicitor skilled in family law. If the anyone has a criminal record involving children offences this could prove decisive. Good Luck. .

Q:

my sons bio father has not been present in his life for over a year now the last time he saw us he threatened me because i wouldn`t take him back and said he would take my son. we went through solicitors battling each other and he finally gave up after denying everything he`d done, while he was present in our lives he was negligent and i had to stop work because he was not looking after him properly he stopped even talking to us he was out all the time and never even talked to our son he was offered anger management by our health visitor and refused help instead he stayed out all the time and cheated on me he used to shout and scare him and trash rooms even used to headbutt walls in front of my son ... my son calls my new partner daddy and they love each other so much he is wanting to adopt my son and i would love that to does he need my sons bio fathers permission to do this his name is on the birth certificate but we weren`t married and my health visitor has stated that in her opinion i was in a mental abusive relationship... at the moment the bio father is getting people to follow me and check up on me so we cant even act like a proper family while we are out because we are trying to protect my son we know the the bio father is doing this on purpose because he said if i cant have you no one can im at my wits end and haven`t got a clue to do please help by catherine

A:

You shold aply to a family court for a specific issues order, namely an order that he shall no longer have parental responsibility and shall be barred from having contact with your child. The court will do whatever is best for the child On a personal basis you could also get a harassment order to stop him following you or having other people following you. The police can help over the harassment and will want to talk to the professionals such as your health visitor and any witnesses who feel they have been threatened by his behaviour. First thing to do is go to a solicitor and seek help and advice. I have met a lot of cases like yours and almost always the harasser backs off when challenged. .

Q:

hi, i needed to know i was married to my wife in kenya and we came to uk for 6 months and i got a british pasport through my mum and my wife wants to settle in uk wid me what is the prosidure for this kindly guide me. thank you by abid moughal

A:

You need to ask an immigration specialist but my understanding is that the fact that you married before getting your UK passport does not of itself entitle you bring your wife into England on a permanent basis although she could get a visitor's visa. A case I did last year was on similar facts and we had to prove strictly that the marriage was genuine and that the wife was wholly committed to the husband and it was not just a marriage of convenience (which was what the immigration authorities suspected). So go to a specialist lawyer and be guided by him or her. .

Q:

Am I entitled to legal aid. I have 5000 worth of premium bonds in my name and 35000 in my childrens name. I am joint owner of our house with my husband with about 80000 worth of equity. Please help I cannot afford to pay my solicitors bill that is mounting up daily. thank you for your help. by caron

A:

If the LSC count in the children's money you are not entitled to legal aid, if they don't you will probably qualify. Why not complete an application and see how you get on. Some solicitors will agree to charge private clients at legal aid rates, it is worth asking .

Q:

My nan dies 9 years ago and we have now decided to sell the family home, my aunt who is still married but seperated from her husband 9 years ago is saying he is entitled to some of her share of the sale is this correct? he has never paid anything into this house, but has filled one room with old tools and wont move them until he is given some money, where do we stand? by Tracy

A:

If your aunt is going to inherit as a result of your Nan's death her estranged husband has a theoretical right to claim against her inheritance but from what you tell me he is very unlikely to succeed. You can clear out his tools but should deliver them back to him. He can't stop the sale. .

Q:

My son passed away about one month ago and I am closest of kin. I am not sure but there may be a little money I may be able to claim if I were Executor of the Estate. How do I go about this without costing too much money. There are also questions I need answered and I am told unless I prove that I am Executor of my son's estate, they will not answer my questiojns. I would appreciate some advice. Thank you,Joel Tanur by Joel Tanur

A:

Being an executor doesn't entitle you to any extra money from the estate. You should contact his bank/ building society/insurers send them a copy of the will and ask if they will release any money for him without probate (they usually will in the case of small amounts). If he didn't leave a will you can obtain Letters of Administration as his next of kin and again on proof of your relationship to him may well be able to get in any money due to his estate without hasving to get a grant of Administration. .

Q:

My friend lives in her former matrimonial house which her husband left 12 months ago. She has been unable to buy him out of the mortgage so he remains on the deeds. He does not pay his half of the mortgage however she pays hers, they have 4 children together 3 of which still remain at home. There have been problems and he keeps turning up and coming into the house sometimes by forcing entry and removing items. The Police seem to think he is allowed to do this, what can she do to stop he entering? He is remarried and has his own household. by Ian Darlington

A:

She should now apply to the court for an exclusion order, she will need help from a solicitor for this and if eligible she could get legal aid. If she has not yet divorced she should consider doing so as the divorce court can transfer the house to her with a charge back to the husband which can be postpone until the children leave school,the imbalance of contribution to the mortgage can result in the court reducing his share in the home. Again a solicitor's help will be needed. .

Q:

my ex husband and his solicitor did not pass on a copy of the decree nisi for our divorce for seven months. When the nisi was recieved it was found to be incorrect, ie that it stated that he had been awarded the divorce on the grounds of my behaviour when in fact the reverse was the case, I had been awarded the divorce on the grounds of his behaviour. Both he and his solicitor denied that the nisi had been recieved in order to conceal the error, which obviously made him appear to be the innocent party and appear as if his allegations against me had been accepted by the court, they were not. He withdrew his allegations during the hearing and I was awarded an uncontested cross petition. I have written to the court requesting that the nisi be reissued with the correct information and am waiting to hear the outcome. Is the withholding of this document for 7 months legal or acceptable and do i have any redress against his solicitor over this matter. by k h

A:

I don't think the failure to supply the decree nisi is anything you can take action about,the court should have sent you a copy when it was issued. You now have corrected the position and can apply for the decree absolute. .

Q:

What if I apply for a residence order and went to thr first hearing and change my mind even though I need to get one. by Marjorie Hall

A:

You can always change your mind or ask for an adjournment if you are unsure. .

Q:

my son and his ex have a joint loan both names on loan she is now married to someone else my son has been made redundant he has been paying loan he now cant afford payment can she be made pay by may montgomery

A:

Yes they are joint debtors and therefore both liable for the debt. He should write to the creditor and give it her address. He could also ask her to pay half of the sums he has already paid. .

Q:

Hi, i was convicted 3 months for fake driver’s license on my visit visa to uk After released I come to Pakistan my visa was still valid when I left uk Than I again went to uk after 3 months from Pakistan but my entry was refused due to my conviction and was back to Pakistan from airport I have been asked to appeal against decision there in uk or want to go back to home country and apply from there I choose to come back. And logged my appeal from Pakistan which was later refused. Now I am engaged with a British citizen living and working in u k She is coming to Pakistan for marriage next month I want to ask what would be the future of my application again if I apply a settlement visa on behalf of my marriage. would my conviction be a barrier again for my visa My conviction is not spent yet it was 2006 by Ali

A:

You really need to address this to an immigration specialist but my understanding is that your forthcoming marriage will not help your entry to the UK and your conviction will always be a bar to entry. Marriage by a person who has been convicted of a criminal offence will not of itself ensure entry. .

Q:

unfortunately my brothers wife left the family home 6 months ago with the child for time apart as she felt she needed space. my brother has always paid the mortgage and bills for many years and has carried on doing so. His wife stated that she wanted him to carry on paying for the house until the child was 16years old as it kept the family home for her. His wife 2 years ago signed for a joint loan of £25000 as she was in debt without obtaining permission from my brother. He only found out when she was struggling to pay it. The loan is tied to the house so he cannot afford to buy her share and doesnt want to as it isnt his loan in theory. she now has ended the marriage, moved back in to the family home and made him leave. where does he stand legally? hasnt she committed a criminal offence with the loan? by debbie by debbie

A:

Your brother needs to see a solicitor and get help. This isn't the first case I've come across where one party has charged a jointly owned home without the knowledge of the other. The first thing he needs to do is to sever any joint tenancy by serving a notice and then he will need to apply to the divorce court for ancilliary relief when the court can assign the debt to the wife's share in the property. If he does nothing he may find himself jointly liable for the debt even if it wasn't his. She may have committed a criminal offence if she forged his signature to the loan and if he takes it up with the lenders they may be prepared to accept the loan isn't his responsibility. .

Q:

If a custodial parent leaves the UK permanently with her children, whilst a child support enforcement order is imposed on her ex husband. Can child support still be recovered esp. NZ ref United Nations Convention on the Rights of the Child rgds by Sean

A:

As I understand the rules the CSA's writ ends at the uk border but there are reciprocal treaties between UK and NZ and enforceability of normal maintenance orders is certainly possible so it may be that under the treaty it may be possible to enforce. You should see a lawyer local to you and seek advice. .

Q:

my wife and i seperated in march this year and sadly she dies last month, my question is where do i stand when it comes to the marital home and the contents we bought? she didnt have a will by Nikki

A:

As there has not been a divorce you are the person to administer the estate. How the estate is divided depends on the value and whether there are children. However if you owned the house jointly as joint tenants and the joint tenancy wasn't severed by notice from one of you to the other or at the Land Registry you automatically inherit her share and only the non-house assets remain to be administered and probably belong to you. I suggest you get some advice from a solicitor but he/she will need to know how the house was owned at her death. If the joint tenancy has been severed the property will be owned by you in equal shares (unless otherwise agreed) so her share in the house will pass under her intestacy and you will have first claim. .

Q:

I am representing a Thai widow of a UK citizen who lived overseas. No will and no children, she is entitled to the estate of about £50,000. The deceased's brother has all the relevant estate info - share certicicates, bank accounts etc and is REFUSING to hand them over so that Letters of Administration can be applied for. The brother is demanding that the widow share the inheritance with him. What legal redress exists to force the handover of the documents Thanks Nick Fisher by Nick Fisher

A:

The widow can apply for letters of administration and should file an application with the probate office estimating the assets. She can once she is the administrator force the disclosure and co-operation from the brother. I recommend you get help from a solicitor immediately. .

Q:

my mums been made bancrupt they havnt sorted the assets out yet been she in a hospice dyin will her debts die with her thanks by carola stevenson

A:

Her debts are the responsibility of the official receiver not your mum her assets are now owned by the receiver and once they have been solod qand the proceeds distributed the debts will die .

Q:

my daughter is 20 and causing lots of trouble, ive told her i want her to leave and she wont where do i stand with kicking her out also if i change the locks abd she breaks can i call the police and what will happen thanks by viki

A:

Because your daughter is over 18 you have the right to exclude her from the house and change the locks. If she tries to break back in you should call the police. They may not wish to get involved and may say it is a civil/family matter but they are under a duty to keep the peace and can't force you to take her back. To make things more formal you should apply to the court for an exclusion order, you will need the help of a solicitor .

Q:

Hi, my husband of 2 yrs left a week ago, I have lived in this property for 9 yrs before he came on the sceen 4yrs ago, we re-mortgaged about 1yr ago and I'm now worried he has a right to the house. He hasn't called to discuss anything on text to let me know his feelings then turned his phone off. I have now found out he has moved in with someone from his work and put her on as 2nd driver for car 4 days after leaving. Also can I change the locks? Thanks by Nicky

A:

I'm afraid that when you re-mortgaged you may have transfered the property into joint names, this often happens and on the face of the papers this could give him a half interest in the house, however all is not lost. A divorce court can and probably will re-transfer the property into your sole name but you will need the help of a good divorce solicitor (preferably a member of Resolution) to help you. You can change the locks and if there is trouble you should call the police, but the most important thing is to start divorce proceedings and that will give you protection from any claim by him to his "share" in the hiouse until the divorce court can look at all the circumstances of the case and decide whether he shall retain any interest in the house or whether in the circumstances of the case the house should be retransferred to you. It may well be that faced with a divorce suit and a claim for re-transfer of the house/maintenance etc he may well agree to return the house to your sole name. .

Q:

I am the Father (not named on the birth certificate) of a 16mnth old recently I gained a temp residnecy order for 3 weeks - today this was reviewed in Court and the Court favoured the side of the Mother. The Mother has a drug and drink problem and as yet an undiagnosed mental illnes. Social workers, Doctors, Police and Health Visitors have been involved and have been supportive and therefore I am totally shocked at the outcome. She has moved in a house and has no Gas or even a cooker. She is still drinking and has not visited our Son for 2 weeks. He has not started walking yet the Health Visitor said this is because he has been held back. Currently there have been no issues with violence towards my Son but I am concerned this may happen at the hands of the undesirable people who will be around our son in less than fit states. Please, please tell me what my options are -do I have a right to appeal? I need to keep my Son safe. by Carol

A:

You do not say what the final outcome of the case was and I gather that the baby is still with you (or at least not with her) as you say she hasn't visited him for 2 weeks. You are entitled to ask a court to get a welfare report before coming to a final conclusion did you do so and/or has such a report been ordered by the court? Given the agencies involved I'm surprised if a welfare report hasn't been ordered.If a report has been ordered the court won't make a final decision until it has considered the report and given you the opportunity to comment in it and challenge it if necessary.If there has been a final adjudication and you are dissatisfied there may be grounds for an appeal. I suggest you get to a solicitor for advice as soon as possible taking with you the documents relating to the case. .

Q:

my four year old daughters father was deported back to his country when she was two months old and we have not seen him since, his name is on the birth certificate, my current partner treat her as his own and she sees him as her dad, we have two more children, and we would really like my partner to adopt my child...is this possible? by lisa

A:

Yes i9t is possible for your present partner to adopt your daughter. It is a lengthy process and will involve welfare reports etc, but initially you should try and contact the real father and send him a form to consent to the adoption, if he signs this will help if he doesn't the court which you ask to grant the adoption may dispense with the consent. You will need to get a set of adoption forms from the family court, I recommend you to get the help of a solicitor. .

Q:

my daughter is 18mths old and i have been with my partner since she was 3mths old she calls him dad and loves him. my ex (her real dad) is now taking me to court saying he doesnt want him around her, he doesnt have parental responsibility or anything, can he do this? and if so will the courts be on his side? by tammy

A:

I'm afraid this situation is not uncommon. Yes he does have the right to make the application but the court will look at it from the child's point of view and if it feels that she is going to be upset by making the order he is asking for it won't do so. If your partner has no criminal convictions for violence or offences against children and is not on the paedophile register there is almost no chance of him being excluded from her life so please don't worry. Applications like this one are often made out of jealousy and/or a desire to control and will be seen as such by the court. If he issues a summons you must see a solicitor and get help in answering it. You may be eligible for legal aid. .

Q:

i got a son with my x-wife.i have given him fathers' name.he is five yrs now.iam in a d oubt he is my son. what should i do. by Rakesh

A:

I assume he is not living with you. You can get a DNA test done which will establish if you are his father. It involves you and the child giving a sample for testing. If hje is living with his mother and she won't agree to the test you can apply to a court for an order but the court may take some persuading to order it. I recommend you talk to your doctor about the process and seek advice from a solicitor .

Q:

im married for 4 years n residing here in UK for about 3 years with my hubby(he got Tier 1) im on dependant visa which gonna expire on 2011. im thinking to go for divorce because im not happy with him. Could you plz tell me about my rights and can i get any help in family law. im pregnant 14 weeks n my family is here i want to stay wid my famiy in UK. if i take divorce from him than i ve to go back which i dun want. there is no one over there back home so i cant live n work wid my baby and want some one to look after the baby so i can work for living. there is no point of going back because my family is here. my mum have ILR status over here. I need ur advice plz guide me wt can i do? by Anmol

A:

If you have grounds to divorce your husband you can do so in this country. You must see a solicitor and get advice as to whether you have sufficient reasons to do so. Your child will I think be a UK resident and as the carer I belive you are entitled to stay here but you should check this with an immigration specialist. .

Q:

my ex and i are not going out with each other no more now he want to take my 3 kids can he do that by christine

A:

Is he the father of the children? If he is then he has the right to see them but you must be sure that they are safe and they should live with you. I recommend you try and sort this out with the help of a mediator but if that doesn't succeed in sorting it the court can be asked to do so. Assuming the children are living with you he will have to make the claim and the court will be very unlikely to order the children go to him particularly if they are young. .

Q:

my marrige was not in the mosque . my marrige was in pkaistan with him.but he is giveing me that paper in the uk mosque i was not accpet that paper n also my country is not accpet that paper but ansar burney solicitor was said to me this is a divorce but i wll always saying this not a divorce but now u tell me this is not a vivorce i am happy to see ur massage thanks for giveing me the best ans i always thak full ur office n ur claimto office n ur family law bye take care by saba

A:

I am afraid I cannot enter into correspondence with third parties but I'm happy to have been of help. Perhaps you should refer the solicitor to the website. Any divorce in England has to be pronounced by the court and after due process. .

Q:

hello, i live in pakistan if is fine i get solicitor for the divorce in london he wll do for me i am here b/c i have not got visia n i cant take visis . my hasband give me 1 litter divorce ok but that paper is not a right b/c that paper is get the mosque. i am muslim n divorce paper is get from the court u know but that paper was get in the mosque so tell me its right divorce or not tell me but i am not accept that by saba

A:

If your marriage was only in the mosque and in a country where the law recognises such marriages a divorce through the mosque is probably alright but in England there has to be a civil ceremony and if you went through a civil ceremony and got a civil marriage certificate a divoce through the mosque is not recognised. You should take the papers you have to a solicitor in Pakistan and get his advice. From what you tell me and without me seeing the papers it seems the "divorce" through the mosque isn't valid in England so in England at least you are still married .

Q:

hi, i was lots of try to do same thing about me but i field now i wll do but that wll be field for me i know 3 years i was doing lots of thinks but nothink if is fine i wll get a visit visa to uk i wll come there n do same think about my life by saba

A:

If you can manage to get to the UK you should consult a solicitor, you will need a copy of your marriage certificate (which you can get from the office where you were married) and your solicitor will need to know your husband's address. His behaviour towards you will be sufficient to get a divorce if you want one or a decree of judicial separation. You may also be entitled to some money to repay you for what you have had to spend out and if he is rich you might well get an order that he provides you with a house and maintenance. .

Q:

I split with my daughters abusive father 6yrs ago, she is now 7. He has not seen or supported her with in that time, (we were not married but his name is on her birth certificate) despite csa continuously sending me letters. On the rare occasions he has tried to make contact since the split his behaviour has been of an harrassing and at times threatening nature aimed at me, with no mention of his daughters welfare, causing police and solicitors involvement on a number of occasions, although no orders against him have ever been put in place. My present partner lives in NZ and i wish to move there with my daughter to be with him. My question is, do i need my daughters fathers permission to do this despite the current and long term situation and if i do how do i go about doing this or is there a way i could remove his name from her birth certificate, therefore giving him no say ? and finally if i do need to go to court for permission as i know just to spite me he would say 'no' would i need to face him in court or is it something the judge can rule without me actually having to attend ? Please help . . . by Liz Smith

A:

If the fathers name is on the birth certificate it could be said that he has a say on whether the child shall have a passport in her own name or go to New Zealand as a court might say he has a parental interest in the child and his views need to be considered. It may well be that he wouldn't object but if you make all the plans and at the last minute he objected you may be in some difficulty. Your best plan would I think be to apply to the local family court for a specific issue order namely that you be allowed to take the child to New Zealand permanently, you will have to show that the suggested new home and schooling arrangements are satisfactory but I'm sure you will get permission and even if he objects the court will undoubtedly find that the child's best interests are to be with you and make the order accordingly. You will need a solicitor to help you. .

Q:

my hasband live in london he married me since 2005 after one year we are gone pakistan for meet my family members but he lie to me .he left me there and he took my pass-port and go to london his home plz help for me. what can i do for me can i go back but i can visia can u help me about this. whan u see my message here call me back or ans my question?plz i wll wait by saba

A:

You must get an Official copy of your marriage certificate and then take it to the nearest British Embassy and ask for help. If you have a copy of your passport or any details such as date and place of issue and number this will also help. .

Q:

My partner pays CSA and his name is on his daughters birth certificate but his ex wont let him see his daughter. What can he do so he can see her? by Domine Ashley

A:

He can apply to the family court for a contact order. I suggest he consults a solicitor but it is possible for him to do it himself. .

Q:

My partner pays CSA and his name is on his daughters birth certificate but his ex wont let him see his daughter. What can he do so he can see her? by Domine Ashley

A:

See above .

Q:

I hold a UK passport and my ex-wife hold a Malaysian passport, we purchase an Prudential endowment policy directly from Prudential in November 1989 in joint name. We have been saperated since 1993 but never file for devoice and I don't know she is now. the policy mature 2009 is they anyway I can claim part or whole of this policy. by John Wu

A:

The policy belongs to you and your wife jointly so when it matures you are entitled to half. The prudential may well be prepared to pay you your half but would probably prefer to deal with your wife at the same time. If you want to trace her there is an office of the Ministry of Work and Pensions at I think Newcastle which may have an address for her and be able to forward a letter from you to her. .

Q:

Please can you give me some advice. My boyfriend’s son has said he doesn’t want to go home to his mum. She treats him bad, is often drunk in the house and has numerous boyfriends, more than 10, in the past year. She sits in the house with them getting drunk with the kids there, shouting at them etc etc. I even have photos of his stomach covered in scratches because he came downstairs for a drink and she wouldn’t let him have a drink and dragged him back upstairs by his t-shirt which her nails went right through and cut his stomach. The kids are scared of the men she has round as they don’t know them and there is so many of them and they are nearly always drunk. She makes him drag the big wheelie bins down the entry when they are full and back when they are empty. He is only 10 years old and we feel he needs to be a little boy not a slave for her and should not be frightened in his own home. She won’t let him play out, not even in the back yard. She never takes him anywhere. He visits us on a Sunday and he begged us not to take him home this week and said if we do send him home, he will run away or he will kill himself. I feel that these comments alone are disturbing. We didn’t take him home and now his Mother is taking us to court to get him back even though she knows he doesn’t want to live with her anymore, which we expected. He is such a happy little boy with us and has a great life. He has 2 sisters who are both 8 who don’t seem ready to leave yet which is understandable, she doesn’t seem to treat them as bad though. What I would like advice on is, once she has served papers on us to take us to court to get him back, can she still snatch him when he comes out of school and not let him come back to us or does the fact that it is going to court stop her doing that? Also, with the facts stated above, and the fact he really wants to live with us, do you think we stand a good chance of keeping him despite the fact that mothers always seem to win in these sorts of cases? Also, we were thinking of involving social services before it goes to court to let them know how he was made to live. Do you think this would be a good thing or of no use really? I would really appreciate as much advice and guidance as possible on what we should do to help us secure his happiness with us. Thank you very much for your help. by Gill

A:

I advise that you go to Social Services as soon as possible, as to the photographs of the scratches etc you should show them to the officer of Social Services but keep the originals as you will need them in court. I expect Social Services will support you in keeping him until the case is heard, you can however ask the court to make an interim order preventing her from forcing him to go back to her if you feel you need extra protection for him. I advise you that if you get the court papers you make your own application for him to reside with you and for him to stay with you until the case and ask that to be treated urgently, if you have involved Social Services they will probably be asked by the court for a report if not they will probably ask for CAFCASS to do a report which can take many months so it's best if he is with you. Because he is only 10 he isn't able to control what the court will do but he can speak to whoever makes the report and make his views known and depending on the report maker's view of his maturity his views will certainly be given weight. You should consult a solicitor immediately as you will need help. .

Q:

My son is now 9 months old. When he was born his dad (whose name is not on the birth certificate) saw him every week at my house for about 1 hr to 2 hrs. When he was nearly 5 months old he stopped turning up to see him. He has now contacted a solicitor to arrange contact again. Am i within my rights to allow access but again from my house and is 1 hour a wk sufficient? Also a couple of months ago his new girlfriend sent me a threatening text message which the solicitor has assured will not happen again but am i within my rights to refuse her to see my son? Also if he does resume contact what do i do about maintenance money, he does not work but am i entitle to ask for money? Kind regards Ms Dale by Ms dale

A:

He has the right to see his son but you have the right to control the frequency etc. If he were to go to a court he would get a right of contact (access) so I recommend you negotiate with him (through your local family mediation service if available). In the short term 1 hour per week at your home sounds reasonable but as he gets older it would be expected to be for longer so that by the time he is say 3 it should be 1 day (or the inside of 1 day perhaps 10am to 6 pm) per week. In the early days you can insist that he doesn't meet the new girl friend but unless she has criminal convictions or drug problems the child should be gradually introduced to her as she is part of father's life. You must go to the CSA for maintenance to be fixed. .

Q:

Dear Sir or Madam, My oldest Brother recently passed away, he was divorced and his ex-wife remarried, his ex-wife received a lump sum in settlement so thast she could marry the man she left my Brother for, as we were going through my Brothers papers we found he had a life assurance which originally was paid from a joint bank account but following the divorce my Brother soley kept up the payments. Could you please advise if my Brother's ex-wife is entitled to benefit from this life assurance even though she is remarried and was paid in full regarding any assets they held between them There are no children involved and my Brother never left a will The Decree Absolute was granted on the 3rd April 2003, my Brother being the one who instigated divorce proceedings in 2001/2. I have read Section 18 of the Wills Act 1837 which I thought clearly answers my question, but told differently from the life assurance company. Many thanks , RB by Ray Britner

A:

The answer depends on the wording of the policy to a certgain extent and to the wording of any agreement under which she was paid. If the policy was in his sole name there is no problem as she having remarried can't now make a claim against the policy but if he concealed the existence of the policy at the time he negotiated the settlement the court might re-open the agreement to see if she should share in it, even if the court does allow her to apply to review the order ther fact that he kept up the payments after the divorce would be taken into account in his favour. If there was a court order the wording should say that after the payment of the lump sum all further claims by her are dismissed and provided she knew about the policy she can't come back now. The insurance company should be provided with a copy of any order and evidence that she has re-married. If she is named as a beneficiary under the policy the order should be enough to convince the company to release all the policy money to the executors, if there is no order you should consult a solicitor immediately with a view to making an application to the court for a declaration that her interest was redeemed by the payment if she refuses to assign any interest in the policy. .

Q:

I have a consent order for maintenance for my daughter, given in 2001, that has not been paid for 2 years. Previos to that my ex husbsnd did not pay the full amount of the order, by agreement, as his circumstances had changed. I do not know his whereabouts and contacted the CSA to attempt to get some child support. They cannot help as the order was taken out before 2003 so I need to cancel the order. Could you tell me how I go about this. I do not qualify for legal aid and cannot afford a solicitor. I hoped there would be a form I could complete to get the order cancelled as it cant be enforced so is not worth anything but is preventing the CSA from assissting me. by Maureen

A:

You will have to make a formal application to the court that granted the original order. The first thing is to get a form of matrimonial application from a county court (they can give you one over the counter or you can probably find it on line) then complete the application form with the same headings and parties as the consent order and continue " For an Order that the order for child maintenance at clause ... of the consent order dated ...be revoked on the ground that the respondent has failed to make payment and the CSA decline to assist unless the order is revoked". You should then take the completed application to the court pay the filing fee and the court will then issue it and send the notice of application to your ex husbands last known address and send you a date for the hearing which will be held in private, you should attend the hearing and explain the position to the judge who will make the order which yoiu can then show to the CSA .

Q:

)I got married to N on 25 August 1991, in Kenya. N has three sisters and two brothers. He came to Kenya with his parents and his sisters. They stayed at my house. we had to go on honeymoon with all of them. I came to London in September 1991. I was given his mothers second hand clothes as a wedding gift. For seven years, I lived in his joint family house. I was responsible for all house chores for everyone. The family home had 8 bedrooms, and a swimming pool. N and I had to get permission from his father before leaving home. We usually had to take his younger sister along. 2For My inlaws I was just a village girl who should be doing all their dirty work. After three months, I was expecting my first child and I thought maybe I can get help now, but still no one helped in the housework. It was hard. I was very sick most of the time. I couldn’t keep food down, and started getting migraines. N’s mother said she’s too old to work. His sisters had to go to school, college, university, so they did not help at home. N’s father’s house has a double sink .Everyday there was a huge pile of dishes to be washed in both the sinks. Food was to be cooked on time by 12:00 because my father in law could get hungry at anytime he is diabetic. All my work was always criticised. I had utensils thrown at me on several occasions. I got no days off. Sundays was busier as my father in law would invite people to interview for his daughters marriage, or he would make arrangements to view properties with N. So N would not be home with us. I had to sometimes cook for up to twenty to thirty people. 3)I was very upset with N; he brought me here from Kenya to do all their dirty work. I had left my family, friends and education in vain. N did not ever help me in looking after the children or changing diapers. He beat me and threw warm water from kettle water on my back, because I had asked him to change Son’s diaper. I never asked again. I kept quiet cried alone as I had no one to turn to. I had bruises all over my body. I did not tell anyone. He usually told me that if you ever call police they will say it’s a family dispute so sort it out and they will go away. That made me scared because I thought even police can’t help me. He also told me that if I ever leave him he will get married again and treat his second wife better than me. I used to think what I have done so wrong. N was a control freak, I was not allowed to meet anyone or talk to anyone. I had no one to talk to except his family. I treated them like my own. Son had colic and wouldn’t sleep at night. I would be the one to take care of him. He would sometimes wake up most of the nights. I used to get no money from N. I was using child benefit to buy milk powder and Diapers. Most of the time, I had to beg N for money. 4Time passed I had my daughter Ss in April 1994. N would stay downstairs till late sometimes way past midnight watching TV with his sisters. I would be waiting with my kids upstairs for him. N's Sister got married and got divorced after just 2 yrs of marraige she came back with another child for me to look after. She would leave Her babies with me and used to go to sleep. I used to complain to N that it’s too much for me to cope. His mother used to get very upset with me because I put my foot down and said I am not looking after A. I was looking after my three children already! She told N that she will get a girl for her older son who will take care of Sisters daughters. I was shocked at her way of thinking. I always had to take my children everywhere, even for a smear test. I never had anyone to help me with baby sitting. 5)N bought a very run down house and we moved out in 1998 as I couldn’t cope, and his family interfered too much in our marriage. I had to stay there for a couple of months with no central heating or proper sanitation. N’s family showed no remorse for me or my children as I had two small kids and was expecting my third living in an unfurnished house with no central heating in winter, and very little food. It took a long time to get the house in order as N only hired one or two polish men to do the work. June 2004 N convicted for rape and sentenced to six years in Prison. N made my life very difficult while he was in prison. Every time I had to explain to him where I was at a time if he called and I didn’t answer the phone. I had to send him receipts of shopping so he could check the time. He would even call his mother to check up on me. She would call me on my mobile and ask me where I am and that N is hearing on the other line. N would also want to know who I was talking to if the phone was engaged. I always told him the truth. For that three years and four months he made me feel like I am in prison too. My life was revolving around his phone calls. N was released on parole on 9.Nov.2007.He made false promises while in prison that he is a changed person, but he still continues with his old habits. August 08 I filed for divorce. N has fled by n

A:

You have every right to make a claim for ancilliary relief in the divorce proceedings and to cite his conduct and the conduct of his family towards you in support of your claim for a property and maintenance for you and the children. The court will take his standard of living during the marriage into account as well as his repression of you. The English courts have power to make orders against overseas property and there will be reciprocal arrangements between UK and Kenya which will help with enforcement. You need to get your solicitor to help throughout this claim. .

Q:

my fiance has died intestate but has a son he has never seen. If the estate passes to him can i do anything to challenge this as i will loose my home? by Sam

A:

While the child certainly has a claim under the Provision for Family and Dependants Act 1975 I think that you do too as the child's carer and probably as a dependant. The claim has to be made within 6 months of the grant of Probate or Letters of Administration. You should see a solicitor as soon as possible. Your right to remain in the home will probably be tied to the care of the child and will cease when he reaches 18 or leaves school whichever is the earlier .

Q:

my ex has been getting visitation rights to our daughter in the last year and takes her to manchester for overnight stays he now has a new partner and has moved in with her and her son and her parents in ESSEX traveling is now over 8 hrs for my 3yr old daughter can i stop this happening and not allow a new girlfriend present at the visits. by yvonne kennedy

A:

If he is tactful and sympathetic to the need to introduce the new lady in a way that your little girl can accept the court would probably not prevent her being on the scene when he has contact unless of course she is proved to be a danger to the child e.g. with criminal convictions. You can insist on withholding contact involving long car journeys until you are satisfied at the new accomodation,a court would probably cut down the frequency of visits to perhps once a month over a weekend. Please contact your local family mediation service and ask them to set up a session to discuss this new situation. In the last resort you could withhold contact until you are reasonably satisfied.

Q:

My wife and myself have a joint tenancy with the council,she has three kids which are not mine,I was working offshore and earning good money,I never stopped her getting whatever she wanted and for her kids, Ive recently been made unemployed,now she keeps wanting to argue with me over everything,she has never worked i have provided for her and the kids for the last two yrs,she is trying to get me out of the house i havent done anything wrong please can you give me advise i dont want to leave i have worked hard to get nice things for the house i never have had any money from her she got it all,now am at my wits end with worry can she get me out of the house. Please help i dont have any money for you to give me advise am sorry. by scot

A:

I’m afraid that if you can’t go on living together (even if it’s not your fault) she could go to the court and get an occupation order and exclude you from the home which the court will regard as being neccessary for the children. You would be expected to leave any contents needed for the home but must be allowed to take your personal things. I’m sorry not to be more cheerful about you being able to stay in the house to which you have contributed so much but the children have to come first. I suggest you contact your local family mediation service for help and get some free advice from a solicitor.

Q:

i look after my daughter on my own and have done since she was born, her fathers name is on the birth certificate, but he has chosen not to be a big part in her life, he has spent very little time with her and therefore dosnt understands her needs. she is a year old and he is very hostile towards me so we are unable to agree visitation. he spent alot of her first year working in the US and has now taken a career break and has decided to travel the US. he wants to see our daughter once a month and to have her for the entire weekend from a friday to the sunday evening. He is a frequent drug abuser and i wouldnt feel safe for our daughter to be with him on her own. i have tried to be reasonable and allow him to come to mine and my daughters home to spend time with her but he normally tries to argue, resulting in me asking him to leave. do you believe a court would grant him the right to see our daughter once a month, unsupervised when she dosnt even recognise him. this is really worrying me. Thanks Angela by angela whitehouse

A:

The court wopuldn’t give him monthly staying contact (access) while he is a drug user. The most he can expect would be supervised contact at home or a contact centre once a week (or less) until he can show he is clean and that a good relationship has been created with the child and only then would the court allow staying contact and that would have to be gradual and to a place the court approves. I suggest you challenge him to take the matter to court he will probably back off but it is a good idea to let her see him under controlled conditions as she has the right to know him.

Q:

I am a step grandmother and my husband passed several years ago. I have two step granddaughters, that I would like to visit, but parents will not let me. What is the legal age that children can make up their own minds who they want to see. by Karen Parker

A:

The courts usually follow the wishes of children over 14. As a grandparent you can apply to a court for contact with your grandchildren you will have to seek permission from the court but this is usually given and if it is thought to be in the interests of the child contact will be ordered. Going to court is a complicated and potentially destructive solution so I recommend that you try mediation first. There will be a family mediator in your area.

Q:

my husband and i are seperated, he wants to take our children on holiday they are 13 and 16 with his girlfriend, i have asked to meet with them both to discuss the details but they will not. they children live with me do i have to hand the passports over to him? by sandra christie

A:

You don’t have to hand over the passports until you are satisfied with the arrangements I suggest you contact your local family mediaton centre and ask them to help arrange a round table meeting. If you are still not satisfied with the plans you can refuse to let them go and he could apply to a court. You should anyway insist on seeing return tickets and satisfying yourself that the arrangements are appropriate.

Q:

My husbnd left me in feb - i recentlty went on holiday and as there was nothing of his in the house i changed the locks - h has since fiund out and is not happy - will i get in to trouble or doing this and should i give him a key to the new lock? - thanks by barbara

A:

Technically in law you should give him a key but in view of the fact that he has been away for 7 months he is not in a strong position so I don’t recommend you give him a key. If neither he nor you have started divorce procedings I recommend you do so and make an application for a transfer of property order and that will secure the home for you until the case is heard. You do need the help of a solicitor.

Q:

hi jeremy...my ex has photos of me which im afraid might get into the wrong hands i have tried to ask him nicely if he would kindly return them but up to now he has not,we hav spit up for bout 6mnths now and they were taken wen we were still together.....is there any way that i can enforce him to give them back as they are very explicit..nikky by nikky

A:

I’m afraid there’s nothing you can do short of taking an action for copyright which would be extremely expensive, however if there is a claim for ancilliary relief in divorce proceedings you could ask that court to order the return of the photos.

Q:

My mother in law sold her house after the death of her husband, one of her daughters took her to a solicitor and had her sign a letter stating that she was only enilted to £3000 from the property and the rest belonged to the daughter. It was understood by the daughter that the monies would be given back to the mother, when she asked for it. this has not happened. The police have been involved and the daughter has stated it was a deed of unequeal appotionment? or something possibly deed of gift. Is there a way of getting the money back from her daughter? The original soliciotr is no longer practising and the files for the year in question have disapeared. by Simon Lackner

A:

There is no such thing in law as a deed of unequal apportionment but certaily it is open to people in the same position as your mother in law to give up rights to property or money. If that deed or agreement was made in reliance on a promise and that promise is broken the wronged party can sue on the promise but of course it has to be strictly proved. I suggest she goes to a solicitor as soon as possible taking her documents (if any) with her and gets urgent advice

Q:

my ex husband recently took our daughter to bulgaria (so i thought) but when she got back she told me they went to turkey,what can i do?ive asked him why and he lied by saying fleur didnt want to go to bulgaria as my family were over there at the same time!! so in future i want proof where hes taking her from now on. by Rebecca

A:

You can apply for a specific issue order in the family court. As an alternative you can withhold her passport on a future occasion until you see the air tickets and accomodation bookings.

Q:

i got married in 2001 and had a son in 2002, my mariage broke down after both my husband and i admitted to each other of sleeping with our ex after a brief seperation few months after the mariage.My husband then took a DNA test to find out that he is not natural father of my son, i registed his birth and my husband`s name is on the birth certificate. I just want to know how to change my son`s bith certificate with the natural father`s name on it, do I need a solicitor to carry out legal dna test with the natural father and make the changes, i seperated to my husband since 2006 and have been back with my ex with whom i have another child with in 2007.My husband and i agreed to file for divorce but i do not know how to go about and is it illegal to have a baby with some one other than your husband ? Please help i need to change my son`s birth certificate before he is old enough to understand all this. Thanks by zeyna

A:

You are in a real spot I’m afraid as it is a criminal offence to give wrong information for a birth certificate but please don’t worry. I think the best solution if you are going to make a permanent relationship with the real father is to get him to adopt the child and a completed adoption would then alter the birth certificate. The only other way would be to explain to the authorities that you genuinely belived that your husband was the father at the time you registered the birth and there may be a way of rectifying it. Perhaps you should consult a solicitor before taking any steps. having a baby fathered by someone other than your husband is not illegal but deliberately making a declaration of parentage which yoiu knew to be false is.

Q:

my husband bought our marital home of me last year and i signed away all rights to the house we are now divorcing is he entitled to any of the money i got? i got 40k and he has about 30k of equity still in the house by mary

A:

The answer is almost certainly not. The court tries to uphold bargains arrived at between adults provided there has been full financial disclosure or provided the deal was a fair one at the time. The difference between what you have and he has isn’t sufficiently large to justify an application for anciliary relief but you should get legal advice and try and agree a clean break consent order to protect yoursef. You will need the help of a solicitor.

Q:

I am retired navy and my wife has been drawing 13/20ths of my retirement. Is she entitled to this if she has remarried? by Allen Rountree

A:

It depends on any financial settlement package but on the face of it her remarriage should bring her entitlement to a part of your pension to an end, was there a pension split or sharing order if so she may still be entitled based on her share of the pension scheme allocated to her by a court.

Q:

sorry jeremy......but can u give me example of outside csa scheme i thank u for ur advise by monique

A:

Where the child or parent who should be paying is living abroad, or where thew child is over 18 and has left school

Q:

hi jeremy, will there be any other way that i could get child maitanance from my ex if i am not able to get the child benefit as the csa requires by moniqe

A:

If the child is outside the csa scheme you can apply to the court

Q:

Dear Jeremy, I am grateful for your prompt reply regarding the demand for payment from my solicitors. If I let them keep my papers could I get away with it for now? THANK YOU! Ratna by Ratna

A:

Probably. If they try to sue you you could apply to the solicitors complaints scheme

Q:

my father in law physically abused me and for some reason police dropped the charges from him.in my family case proceeding magistrates given in my favour and given me one year non-molestration order.because of domestic violence now im suffering from depression and stress reaction.now on my request citizen advise bureau refer my case to voluntary barriester and she has accepted my case of private procecution against my father in law.i have all the evidences that he been abused me,dominated me.my question is what im doing to do with my father in law by taking him to criminal court.even my marriage has broken down because of him.im safe and under police protection also council has given me accomodation.i would like to is my decision is right because i suffered alot because of him. now im safe and under police protection by:neha by neha

A:

Of course your decision is right and even if you come under pressure to drop the case you should let it go through. Good luck.

Q:

Hi Jeremy I would appreciate if you could help me with this problem. I was not happy with the way my barrister represented me during the ancillary relief proceedings. Therefore, I held back the portion of her cost of £800 from the bill. This happened in May 2007 and I carried on paying the subsequent bills. In January this year I decided to represent myself, as I cannot afford their charges any longer and requested that they send me my papers. I wrote to them several times and some 6 months afterwards I received a letter from the solicitors including an invoice for £3,000 to say that they won’t release the papers until all payments are made. I am told that the part of the invoice is for the court hearing in November 2007. During my divorce proceedings the solicitors representing me made several errors, the major one being the disclosure of my current address, which made my ex-husband taking me back to court twice. I specifically asked them not disclose my address. The November hearing was because of the mistake they made and I don’t understand why they have taken 7 months to send me the invoice. Am I legally obliged to pay all of the costs? I have copies of the letters to the solicitors listing the mistakes they made and about the unnecessary costs and the stress caused to me by those mistakes. The family home is still on the market and I simply do not have any funds to make these payments. I incurred those costs due to their mistakes. What are my rights? They have offered £200 as compensation! I would be extremely grateful for your advice. THANK YOU. Yours sincerely Ratna x by Karuna

A:

I’m afraid the barrister and the solicitor can withhold the papers until they are paid. The solicitor’s bill can be challenged through the Law Society Complaints process and you should contact the complaints bureau. It isn’t so easy to challenge the barrister’s bill but you could make a complaint to her head of chambers.

Q:

Dear sir or Madam i came to the UK with my childern on February 2002 and applied for asylum, i have been given exceptional leave for one year, after one year they extended our visa for one more year, then they refused us,we have been living n UK nearly seven years and we have not got any status ,we do not know what to do, I heard that if a family live in UK for seven year , they are normally let them stay, Is that true or not by hamid

A:

I’m not an expert in this field, you should contact an immigration specialist

Q:

jeremy...thank u for the advice, my ex is not in my application to the home office and as i dont qualify for housing a friend is putting me up in his council flat with my two children so my ex is threaning to report to council if i take him to csa and how can i get my children to be registered as british citizen as i am not monique by monique

A:

I think that if your children were born in UK they are British citizens but you should check this with an immigration specialist. If you ex reports you to the authorities he is likely to be criticised by a court as he will have put the children’s security in question

Q:

hi...i lived with my partner for 8 yrs and we havee 2 girls together though we recntly split up about 4 months ago my ex is not helping torwards the children...apart from csa can i apply for a court order and as im not a british national though he is and my application is sti at the homeoffice will that affect me in any way would be gratefull for your advice by monique

A:

I assume the children are living with you. The only route for financial support is through the CSA if he lives in the UK. Provided the children are in your care you have control over them, if a dispute arises as to where they shall live or as to contact etc you can apply to the court. If the children were born in this country they will have british citizenship and as their mother you have a strong case to remain here to look after them. TYhe split shouldnt affect your application to stay here but you should tell the authorities

Q:

Hi Jeremy, my partner and i have been living separately since we got married 6 years ago in Ghana.I live in the uk and he is in Ghana and we have two kids. Three years ago he got sent to prison for 3 years for his involvement in drugs and money laundering which was a big shock to me. I believe his acts were deceitful and untrustworthy and would therefore want to end the relationship. Do I have adequate grounds to divorce him? And if so can i divorce him here in the uk as i am British? by Tracey

A:

The convictions should be enough for you to divorce him in this country but it would probably be simpler to do so on the ground of 2 year’s desertion, I know he didn’t have the option but it should still stand up. I suggest you see a solicitor in UK and put things in motion. Good luck

Q:

hi jeremy,were do i stand on inheratance,my mum/dad r dead, and left the house2my sister,i was not in the will???? by rob

A:

You are entitled to make a claim against their estate under the Inheritance (Provision for Family and Dependants Act) 1975. You must make a claim within 6 months of the grant of Probate of the will. YTou can get Legal Aid if you need it. You will need a solicitor to help you.

Q:

hi jeremy thank you for your advise, i will most defenertly be telling the court what has been going on, yr the first person to make some sence of this mess to me, thanks again will be intouch if needs be. by sarah

A:

If you have any documents you can copy to show to the court so much the better but do retain them to show to the CAFCASS officer if need be. Good luck.

Q:

my partner and i have a 5 month old baby together and i also have 2 other children, we have been together for nearly 4 years and in those 4 years his family have made our lives hell, it started because my partner was splitting up with his girl friend who was pregnant when he met me, his sister got us together (she lives next door to me we are in a semi) it was over allready with my partner and his ex before i started a relationship with him, anyway his sister and mother did not like his ex at all but when she had the baby things changed they have made mine and my familys life hell for 4 years, they have made threts to kill me burn me and my children in our house, they have phoned social service just out of mallise, they have phoned the police nearly every time my partner and i have had an argument, they are abusive towards my other 2 children,she said my kids are lucky they arnt her grand children as she would of hit them by now, they have phoned noise nusance to complain , gone to my housing to complain, allsorts and all lies,they have never had any proof to support any of there lies but they still carry on regardless, my main concern today is because my partners mother now wants contact with our baby, she is not a reasonable woman she is spitfull dangerous and visious, she wished my baby and i die in child birth, she has had a warning under the harrasment act for her behaviour towards me, not the type of person we want our baby around, i am going to say no to her having contact but im worried what her rights and mine are, im also thinking of how this is going to affect my other 2 children as they have to suffer because it is not going to stop the way they get treated by them and what affects them will affect the baby and vice verser also the whole affect it will have on us as a family. we have been told it will cost us £168 per hour for a solicitor and we earn too much to claim legal aid but not enough to afford a solicitor, im at my wits end and dont know what to do, if i just keep saying no will i get in to trouble, if she takes us to court and the judge says she can see the baby but i still say no what will happen, my partner and i are so worried about the out come it is just missarible at home.any advise you can give me would be realy helpfull. thanks by sarah

A:

I’m afraid she does have the right to apply to the court for permission to apply for contact but she may well not get it, I recommend that if she does apply you should advise the court of the family’s behaviour which should assist the court. If she gets permission there is a long process which will involve CAFCASS and again you can bring the CAFCASS officer’s attention to the trouble you have already had which should result in the court refusing to make a contact order. If it comes to a trial you should have a solicitor to help you but the rest you can probably do on your own. The forms are self explanatory but if she issues a form and you need more help please feel free to come back to me.

Q:

what do u mean by the CSA does not have jurisdiction. and I am not working in India. Please advise. by sushil

A:

The CSA can only attach earnings for someone living in Uk. You say you are in India therefore the CSA can’t attach your income for a child in the UK but the English court could make a maintenance order in favour of the child against you

Q:

Does this apply even when I am in India? She is on bebefits for house, child and evrything. She hasnt informed the social security about this for the past 3-4 yeras. We got married because of her promise to get me permenent residence in UK but before that I had to get back to India because she didnt give me the marriage certificate as proof to apply to homeoffice. Should I still pay support? by Sushil

A:

You are in English law liable to support your child. The fact that she is getting benefits for the child doesn’t relieve you from your liability

Q:

We were married in October 2004. We lived together for 3 years. Have one child. who is living with her. Now I am in India. I came to India in April 2007. Now she has filed for divorce citing unhappy marriage. If her lawyer send me papers to file for divorce should i pay child support ? She was on benefits in UK. I dont know her situation now..Please advise me about should i sign the papers..What will happen If I dont sign ? by Sushil

A:

First thing, when you get the papers there will be a form of acknowledgement, you should sign and return this to the court and then the divorce can go through. If you don’t sign she could arrange for you to be served with the papers by private detective and this could be embarassing and expensive. As to the child you should offer some support the CSA doesn’t have jurisdiction but you should pay at least half of the cost of support.

Q:

My patner was asked to leave this country . he is now back home, how can he apply for a contact or residence order from home. Can this residence order be used if the mother of the child is on work permit only? by ros

A:

The father of a child or children has the power to apply for a residence order but it is very unlikely if he will get such an order as the court regards the mother as being the best person to look after children. He might get a contact order but as there is an over-seas element it is likely that contact will only be allowed in this country. The mother’s status won’t affect the outcome

Q:

my husband and i are seperated, and he has ageed to give me half share in some premium bonds that he holds,but he wants me to write a letter stating that i will not come after him later in life to claim money from him ,i am more than happy to do this as i wish are seperation to be as amicable as pos,but would my letter be legal,thank you for your help by pat

A:

Your letter is perfectly legal but if you later find out that he concealed any other assets from you the court could do what is neccessary to give you a share in these also. If you re-marry you lose the right to make any further claim

Q:

We are divorced now and the family home is on the market for sale. I found out that my ex has bought a house belfore the DA was granted. However, he still lives at the family home. Can I take him back to court for a share of his new house? It was all done in great secrecy. He lied about everything during the divorce proceedings. I would be very grateful for your help. Thank you! by Parayaby pat

A:

Certainly you can make a claim against all his assets. I suggest you consult a solicitor. If he lied to you about his assets and you relied on his declaration to enter into an agreement the court could set that agreement aside.

Q:

please,am asking this question on behalf of my mum.Is it right under the law, for father to do NDA on the children without my mothers consent,because is the heartless man i have never seen in my life,looking for way to get rid of my mum,and messing around with girl friends,when my mum is there looking after us.Is it right?because he is not always there for us,and he refuse to give her peace of mind.Thanks Charles. by charles duncan by pat

A:

The court is very reluctant to order a DNA test where the children have been born during the marriage and are some years old. He can’t legally force her into DNA tests against her consent without a court order.

Q:

Hi my husband and i have seperated for two years now,we have four children together, since then,he only pay for morgage which was is own,that is the house me and the children are staying,i am working at the same time taken care of the children,no any financial support from him. please i need advice. by Sharon by Sharon duncan by pat

A:

You should see a solicitor. Paying the mortgage on the home is sometimes taken in lieu of child maintenance but it does depend on his income and outgoings.If the house is in his sole name the court may very well transfer part of it to to you and if he is well off could give you maintenance as well

Q:

Hi, my husband changed the locks of our jointly owned home and he was ordered to give me a key a fortnight ago. He has not done so yet and I wrote to the court manger to say that I think he is in breach of the court order. What actions can I take to get the key and for him to comply. Any advice would be grratefully received. Paraya by paraya by pat

A:

You should issue an application for your husband to be found to be in contempt of court. It is called a Notice to Show Cause. You will probably have to support it with a sworn statement exhibiting the order of which he is in breach. You may be able to do this yourself but I recommend you get a solicitor to help you.

Q:

I want to revoke the maintenance pending suit as my husband lied his way out of it some months ago. Now he insists that I apply for the decree absolute. How easy woluld it be to revoke it as I have no legal support. I represnt myself. Thank you for your help. I have evidence to support that he has undeclared cash assets. by Paraya

A:

You should now apply for periodical payments by issuing a claim for Ancilliary Relief by issuing form A specifically seeking maintenance pending suit/periodical payments. When the Directions are issued by the court you should get a fairly early appointment where you can bring your husband’s lies to the notice of the court. You will each have to complete form E and you can mention his previous behaviour in the appropriate section, this will stand you in good stead when the capital questions come to be addressed. You really ought to get help from a solicitor as the process isn’t entirely straightforward and you are bound to find it difficult representing yourself. Heather Mills is wrong when she advises people to be litigants in person, it certainly rebounded against her where a solicitor or counsel could have done better for her than she did.

Q:

my 1st child interim hearing went badly. my soon to be ex husband has visited our two children 5 times in 7 months. he pays us no money and i had to travel to an island to go to court. he has told the court he is living on a scottish island but has been in sheffield since september. my son has learning difficulties and my husband was never very tolerant of his behaviour. but the sheriff has said he can come and take the children away without my involvement at all. my son left to go to a neighbouts the last twice my husband visited and my daughter became extremely upset when i tried to leave for 5 mins to get a paper and did not want to be left alone with her father. The sheriff the court clerk and my husbands lawyer all know each other and were chattting socially at the hearing. i there nothing i can do to get the court to listen to the fact my son has had therapists and phsycologists since he was two and that the courts and his father should take this into account for my sons benefit. the children are 4 and 5. by audrey stokes

A:

I am afraid that your problem has to be dealt with under Scottish Law so you need a Scottish solicitor to answer this. If the case were dealt with in an English court you could ask for a CAFCASS (family welfare officer) to make a report, there should be a similar facility in Scotland

Q:

my 1st child interim hearing went badly. my soon to be ex husband has visited our two children 5 times in 7 months. he pays us no money and i had to travel to an island to go to court. he has told the court he is living on a scottish island but has been in sheffield since september. my son has learning difficulties and my husband was never very tolerant of his behaviour. but the sheriff has said he can come and take the children away without my involvement at all. my son left to go to a neighbouts the last twice my husband visited and my daughter became extremely upset when i tried to leave for 5 mins to get a paper and did not want to be left alone with her father. The sheriff the court clerk and my husbands lawyer all know each other and were chattting socially at the hearing. i there nothing i can do to get the court to listen to the fact my son has had therapists and phsycologists since he was two and that the courts and his father should take this into account for my sons benefit. the children are 4 and 5. by audrey stokes

A:

Please consult a Scottish solicitor. Do show all the evidence you have about your son's condition to the court and ask for a welfare report.

Q:

My mother passed away 6 weeks ago. She left a will naming myself her eldest child, and my youngest sister as joint executors. We number 9 children.\r\nMy youngest brother lived with my mother and has done all his life. He is now 45. He shared a home with my mother.\r\nOver the years he did many bad things, i.e. he stole money from her.\r\nHe had made his peace with my mother and she had forgiven him and wanted the rest of the family to do so. Many of us had. There are 9 children. \r\nMy brother moved out of the house upon my Mother’s death and in so doing took some items which belonged to her, sentimental items, nothing of value.\r\nMy question is, my sister has now changed the locks on the house, thereby locking us all out, but as joint executor I am entitled to a key to the property. She did this without my knowledge nor without speaking to me before taking such drastic action.\r\nShe is refusing to give me a key. The solicitor dealing with the probate has told her that I am entitled to a key and that she should give me one.\r\nShe is still refusing.\r\nMy brother had said that he would return all the items that were in contention and give his key to me. The garage had been padlocked and another brother held the key to the lock. He had agreed to unlock the garage in order that we could leave the items in the garage.\r\nHe did not do this and when we arrived the garage was still padlocked. We waited for 2 hrs but he didn’t turn up and wouldn’t answer calls. \r\nWhat rights do I have. I will be grateful for any advice you can offer. by Pauline Glavin

A:

As executor you are entitle to force an entry and then put on your own locks

Q:

My husband has applied for the decree absolute and seeks the costs to be paid by me as I have delayed applying for it as I still have unresolved issues. During a visit to the house he physically attacked me from behind and kicked me several times. I called the police and he was arrested. I had to attend the local A&E department and very fortunately there were no broken bones, just massive bruises. Could I ask the court to postponed the hearing for the decree absolute, pending the outcome of this recent incident? Due to financial restraints I represent myself.\r\n\r\nThank you for your help. \r\n by Balla

A:

I am sorry to hear about the attack on you but I'm afraid that trying to get the pronouncement of the Decree Absolute because of the assault will be likely to fail, on the facts you give me you would be likely to have to explain why you have not applied yourself and the assault would not be regarded by the court as a good reason.\r\nIt is proibably better for you to apply for the DA yourself unless there are financial issues which mean that if the DA is granted you will be financially disadvantaged and you should get legal advice on that point.

Q:

Hi my question is not relating to family law as i could not find a relevant section for my question. I have recently been refused entry from a local pub that i have been going to for numerouse years. The pub has been taking over my new managment. On boxing day i was involved in an incident regarding a member of staff who was not working but drinking that nite. I was verbally abused and i was spat in the face by the bar maid who was very drunk. I reported the incident to the police and she was warned , now the publican has refused to allow me entry , I feel i have done nothing wrong and fing this quite embarrasing. I am a student social worker and have never been part of any trouble at all and feeel to be refused entry because i reported a crime is very unfair, to make matters worse the bar maids daughter is having a relationship with the publican so i have no chance of gaining entry to my local public house. Can i do anthing about this or does the publican have the right ? Can i report the complaint i hold to anyone? by helena

A:

I am afraid a publican has the right to ban anyone from his/her licenced premises. While I sympathise with you the publican has to prevent problems arising on the premises and even if the original incident was not your fault the ban is valid. If he/she is a brewery tenant you could approach the landlord but I don’t think it would get you anywhere.

Q:

my parter wants me to move into his house and cohabit but does not want to get married. We are both divorced, the house is in his name but we were going to take out a home imporvement loan in joint names and possibly change the names on the mortgage. Do I have any legal right to recover the money I will be putting into the house or any rights to recover my expenses if the relationship breaks down? He says his wife has signed away rights to his pension, do I have rights to this if a. e are still together when we are 60? We are both 48 and have children to previous relationship but not together, where do our children stand in this do they all have an equal share of the equity if we die or is it just his son that is entitled? by shirley jones

A:

If the house is transferred into joint names without any qualification it will become jointly owned and on the death of one of you the other will get the deceased partners share (this is called a joint tenancy) but you can and probably should arrange for your respective shares to be defined in the transfer document by holding the property in unequal shares as tenants in common, that would define your share and enable you to leave your share to your children by will. If you don’t define the shares they will be equal and in the event of one of you dying the deceased partners share will pass automatically to the survivor. You should see the solicitor dealing with transferring the property into joint names and get advice, if your input is to be reflected in the way the property is held the solicitor must be told. I recommend the property being held as tenants in common in unequal shares as being the fairest all round and if you decide to change it at a later date you can do so. Your respective children will take a share in the dead parent’s share. You should both make wills if you don’t do so each person’s children will share equally. You may accrue a share of his pension under the Provision for Families and Dependants Act 1975 after you have been living together if you are a dependant at the time of his death but it’s better for him to nominate you as his dependant with the pension scheme trustees.

Q:

Is it possible for a solicitor to continure representing a person if they have evidence supporting him to be a liar? Thank you. by paraya

A:

A solicitor will often represent a person who's version of events is challenged by the opponent. If the solicitor receives evidence that conflicts with his/her clients instructions he/she must put it to the client but if the instructions are to continue to act there is no problem. The final arbiter as to whether a person is a liar is the judge not the solicitor.

Q:

hi, i left my husband late 2003 and he then started divorce proceedings which i was fine with! it got as far as the decree nisi in 2004 and no further! we have never got bac together and i want to remarry! i cant find the decree nisi and jus wondered what wud be next to do and what fees to expect to pay. And the quickest way to get the absolute? by hayley

A:

Contact the court where the proceedings took place quote the court number and they can tell you when the Decree Nisi was made and send you a copy. You can then apply to the court yourself to get the decree absolute using form M8 which you can get from the court but will have to file a sworn statement as to the reason for the delay and confirming you didn't get back together. It will probably be best for you to get a solicitor to help you but if you have the decree nisi this will shorten the process and keep the costs down. The fee for the application is £40 and the cost of the copy decree will probably be £1.

Q:

mY WIFE WAS INDIFINITE VISA HOLDER TILL 1994 , SOON AFTER MARRIAGE WHEN SHE VISITED UK IN 1994 THE IMMIGRATIN AT AIRPORT CANCELL THE INDIFINITE VISA AND ISSUED HER VISIT VISA.HER WHOLE FAMILY PARENTS AND BROTHERS ARE BRITISH NATIONALS AND RESIDENTS HERE. SHE VISITED UK IN 1994 1996 1998 AND 2000 ON VISIT VISA.\r\nI WOULD LIKE TO KNOW THAT IS THERE ANY LAW THAT SHE CAN APPLY FOR RESIDENT VISA FOR UK ON HER PARENTS GROUND.for her husband and children.\r\nAWAITING YOUR PROMPT RESPONSE\r\nmURTAZA\r\n by murtaza

A:

I am sorry, I am not an expert in this field, you will have to consult a specialist.

Q:

Is it correct that the CSA can take 60% of a person wages for a xwife word that a man was not keeping his children at the time before they were taken into care because of the mothers negelect. It was there grandparrents that was cleaning them because they were thilthly dirty when they came to them they would cloth them and feeding them with the help of there farther. she was so badly treating them that they were taken into care and are still there today and are doing well. by F rank Bunker

A:

No it is not correct, I think the maximum which can be taken is 25%

Q:

i obtained a loan for an ex and now she is not paying, where do i stand on this by june thomson

A:

You are liable to the lender but the x is liable to you to repay you

Q:

My mother's will at present leaves the house jointly between me and my brother. My mother would like us to move in with her to care for her. What lare the egal implications of this and how do we go about getting my mother to sign the house over to me now and then I pay my brother half of the proceeds. by Caroline Richards

A:

There are no legal implications to just moving in to care for her. I'm afraid a lot of litigation arises out of circumstances such as yours, where a grateful parent changes her will only to find there's allegations that she has come under pressure to do so either during her lifetime or most often after she dies. If she wants to change her will that must come from her and the solicitor dealing with that must be someone completely neutral who is told the position and can ensure that the change is voluntary. If she transfers the house to you this again could cause problems if your brother is not in on the plan and agrees to it and she should be advised by a seperate solicitor. The best thing is to have a signed agreement between you your mother and your brother before any transfer takes place so there is no chance of misunderstandings (and an independant valuation)

Q:

Can i gain custody of my son from his mother? We were together nearly 7 years on and off and i have no confidence in her with my sons upbringing since i asked her to leave? by Antony Curlett

A:

Of course you can apply for custody (now called residence). In order to succeed you will have to show that not only is mother failing in her care of the child but that you can do better and that a move to you is in the child's best interests. I assume the child is about 7 and if that is so the court will probably not take his wishes into account. The wishes of children over 8 are taken into account but it isn't until they are in their teens that children's wishes are usually acted on by the court. I recommend that you contact a solicitor local to you and get his or her advice but prepare to be disappointed as mothers are usually thought to be better in bringing up young children and proving her unsuitable may well be very difficult.

Q:

I have a company pension if i take a lump sum payment will it be classed as income so i will pay more income tax by tex

A:

A lump sum will not be treated as income.

Q:

I bought a car on interest free finance over 4 years I have got 1 year to go but i am in financial differcultly could i return car with no penalties by tex

A:

It depends on the terms of the agreement but I doubt if it will be penalty free. Have you thought about selling the car and paying off the finance that way? If you decide to do this it will be dependant on the agreement terms as to whether this is possible so you must check the documentation.

Q:

I need help with regards to fighting a whereby social services took a child without her parents permission. by Eboney Ellington

A:

This sounds like a case recently reported in the press. If the Social Services had a court order you will probably not succeed. Please consult a local solicitor who can advise you further. You should be entitled to legal aid if you are financially eligible.

Q:

I have a joint loan with my ex partner. We did have a joint mortgage up until May 07, when the house was signed over to me. Since May 07 i have been paying the full amount of the joint loan, even though i have asked countless times for her to pay her half. Iam in the process of trying to sell my house and will use some fo the profit to pay my half of the loan. I cant carry on paying the full amount of the loan for much longer, but i have no problem paying half each month. What options have i got and should i tell the bank that i can only pay half each month. Thanks by Stephen

A:

You need to see a solicitor and show him/her the documentation. If this is a normal loan you are both liable for the whole of the loan so you will have to pay it all off and then sue her for her half. The bank may well give you a capital payment holiday while you sell so that at least you only pay interest if you explain the problem and they are happy that the sale is going to take place soon.

Q:

i got married in 2004,but it was a forced marriage, and also he raped me and got me pregnant,my parents got him over in the uk , he came over in uk in 2006,bt he left me 1week after his arrival,he threatened me that i would have to give him visa if i dont then he wud harm me and my daugther,after he left,i left my hometown and went far away because i was getting shamed up by my friends n family,i also got threatened over the phone saying that their gonna harm me n my kid so i report it 2 the police.. now that iv had a divorce,hes put an application for contact.hes saying on the application form that i throw him out the house and i was with another man which is untrue,he left me and only married me to come uk.the home office has been awared about this and he has 2 go back this year in november..hes only using my child to be in the uk, and he said that wife comes first then kid.. i dont want to show my kid to him,she doesnt no anything about him because hes never put the effort or give money for her,its always been me looking after her..i left my hometown for her best future so she doesnt get depressed or depression about my past. can u give advise... thanks by farhana akther

A:

You should tell him he will have to go to the court to get contact with her. If he does issue proceedings you can defend on the grounds you set out in your question and the court will order a CAFCASS report which will take about 16 weeks to come through after which the court will order statements etc before trial. I don't know how much delay there is in your local court but I expect that he will be due to return to his country by the time all the proceedures have been completed so any order by the court is likely to be of no real effect. Please see a local solicitor and get up to date advice.

Q:

We were granted the decree nisi in March 2007. I have not applied for the decree absolute as ours is a clean break settlement. New information on undeclared banks statment and cash expenditure has come to my knowledge since we signed the consent order. The other solicitors insists that I apply for the decree absolute and have given me TWO working days to confirm - otherwise they will apply for it and ask for the costs to paid by me? I represent myself at the moment and can they bully me like that? Could I also ask the court to set aside the consent order (2nd one) in light of the new information? I would be very grateful for your reply. THANK YOU! Ranji by Kodi

A:

There is no connection in law between the decree absolute and the consent order unless the order only comes into effect on the grant of the D.A. If the failure to disclose was "material" i.e. substantial and the actual position of the other party had been mis-represented and you and the court acted on the misinformation then you can apply to have the consent order set aside and the whole thing reconsidered. I have to say that small failures may well be overlooked by the court and if the judge considers on receipt of all the information that even if that disclosure had been made at the time he would still have made the order you agreed to the order won't be interfered with. This is a complicated scenario and I advise that you should get a solicitor to look at the facts and give you guidance.

Q:

I recently had a temp. restraint order denied. I had a move out clause in the R.O. not that the judge has denied my request what happens to the move out clause can my wife move back in. I have since filed for divorce. it was filed before i was denied. by KENNETH SHAWVER

A:

The RO still stands until it expires either by the passage of time or another order. The divorce is seperate, and doesn't affect the RO.

Q:

.My son and I are German Nationals. We moved to the UK in July 2005. The Father of my Son is US resident.\r\nHe now is telling our Son that he does not have to pay Child Maintenance for our Son anymore because we left Germany. Is that true and is there anything I can do about it. I already have ordered my files from Germany by Sabine Hennig

A:

The child's father is wrong. You should register the order in the English courts and they can enforce. I suggest that when you have your files you should consult a solicitor.

Q:

My wife has move out of my house due to some misunderstanding last week. She maliciously claimed I was violence with her however the DNA test carried out on her did not confirm that allegation. She came home to move out all her stuff including the bulky items. I am not interested in resolving as the marriage has been hectic we got married in Nigeria November 2006 and she got a two year dependant visa to come and join February 2007. My questions are: since she has move out voluntarily can I change the lock of my house for my own safety and security? Does she have a right to break into the house in my absence (holiday or been at work)? I have owned the house 4years prior to her coming and she has not contributed in any form in the close to 12months she has spent in the house so could she have any financial claim as my dependant? (We have no children and she is not pregnant). What is the implication on her immigration (visa) status now that she has left me? She refused to give me our marriage certificate and I have no clue of the address of the wedding as it took place in Nigeria for me to request a copy of the certificate can I still progress with the divorce?\r\n\r\nBest regards\r\n\r\nTom by Tom

A:

If the house is in your sole name you can change the locks, marriage does not give her the right to break into the house but she could visit it by agreement to collect any items she left behind. She has the right as your wife to make a claim against you for financial provision but in view of the short marriage and no children she is unlikely to succeed. You will have to get an official copy of the marriage certificate to take divorce proceedings in this country presumably you know the town where you were married and can get an official copy marriage certificate from there.

Q:

My son is 14 years old. He has lived with me since birth. He was planning on attending a high school. And filled out his paperwork. He was happy. 2 months later I announced to him that I was getting engaged. My fiance has known and been in my son's life for 7 years. My ex is a abusive man. He has caused many problems in the past 7 years. {non returning of my son from visitation, vandislism to my car and refusal for my son to recieve counseling} After my engagement was announced I recieved court propers in the mail. My ex is wanting to take custody of my son. He lives 45 minutes away. My son now says he wants to go with him. I know my son is afraid of him. And has been made to keep secrets from me and has listened to my ex bad mouth me for years... I do not want to give him up. But I do not have thousands to fight..... Is their a middle ground to try to attempt.??? Counseling for my son ?? ordered by the court ? With no transfer of custody for now? A trial basis? For my son to see if he likes living with his father?? If I let him go..And he wants to come back. I will have to go back to court with more money to fight for him back........... I believe in my heart tha my engagement scared him. And my ex is furthering his abuse by stopping my son from going with me and leading a new and normal life..... My son has established friends with me, schooling, baseball team stc...Please help by susan

A:

You should go immediately to your local family mediation service and arrange a mediation through them to include your son (some mediation services will see children and some are unhappy to do so) your son is now old enough to make up his mind as to where he will live but he will need guidance. If mediation is not successful you should issue a cross application in the court on the question of residence and ask for a CAFCASS report, the CAFCASS officer will see you and your son and his father and make recommendations to the court. The court will not make any order until the report is in and you can tell the reporting officar about the past incidents and your fears. Please do try mediation first it is often the best way.

Q:

thanks for advising me on careers paths would i need to ring law society london or is there website i \r\ncan use, moreover what GCSE grades do you need minium to meet the criteria of going into a career in the law. \r\nfinally what other pathways are there apart from doing ilex course ? by MISS RIESA HUSSAIN

A:

Yes the Law Society have a website so try that first.\r\nIf that doesn't help ring the Law Society of Chancery Lane London and they will help you.

Q:

I have a door step collecter coming to my home to collect for a loan I got a loan of £1000 over 28 weeks paying £50 per week =£1400 .I have missed afew payments and now i have reduced my payments to£25 per week .he has said he will charge £14 per week missed payments .Is this legal by tex

A:

Take the agreement you signed to your local CAB and ask them to help you. The terms may be enforceable but may fall foul of legislation preventing exhorbitant charges or interest.

Q:

what career paths can you take to become a solicitor ? by Miss Riesa Hussain

A:

Contact the Law Society london and they will send you literature. If after reading the literature you decide to become a lawyer I recommend you arrange to spend a week or so at a lawyer's office watching what goes on so that you can make an informed decision, a lot of students start out on this career and find out at a late stage that it is not for them. Your local law society may well be able to help you find an office local to you where you can shadow a lawyer to find out the realities of the profession.

Q:

Can a solictor in family law refuse togive me my papers back i want to go indepent and shes saying i cant have my papers back until legal aid have settled my bill? i need my paper back as i want to appeal against the judges descion and i have to do it within 10 days by CLARE ROBERTS

A:

Yes the lawyer can retain your papers until paid. It is a very old remedy called a lien. You can probably ask the court for more time to appeal (say 10 days after you get your file). If you feel that the lawyer is preventing you going forward with this case you should approach your local law society and ask them to help.

Q:

my friend has just had her little boy whos one in a few weeks taken off her and he is staying with his gran is there any way that i would be able to help by having him with me full time i would really like to know as im really worried about his gran as she wont be able to cope on her own please phone me asap thanks by hayley buss

A:

You should contact your local Social Services and make this suggestion. If you are not a blood relative the only route would be for Social Services to take control of the child and then place him with you.

Q:

My brother and his wife have seperated but have not taken legal advice regarding being separated or initiated divorce proceedings. I am concerned as his wife his wife is running into financial problems and running up debt. In the event that she declares herself bankrupt, she has no fixed assets, however my brother has. As they are still legally married is he liable for her debts? by leanne iveson

A:

The only time your brother can be held responsible for his wife's debts is if she was dealing with her creditor before the breakdown and he was held out as the payer or guarantor. If there are such situations the creditor or potential creditor must be notified that he will no longer be backing her. A notice to all her known creditors that they are seperated and that he cannot be held responsible for any debts incurred by her would be a sensible course of action

Q:

Thanks Jeremy I didn't expect a reply but it is very helpful you have given us another avenue to consider and we have taken on board your advice to be guided by our counsel before taking any action, I will let you know in the future how it all turns out, thanks again for your kindness and time. by Saunderson

A:

Please feel free to come back to me if you need to. The studio can put you in touch with me on the phone if you wish.

Q:

Thank you very much for your time and advice.This isn't a question it's really just to tell someone how badly things can go wrong. Our daughter has legal help, at the original hearing she was very badly represented, her ex had I hate to say it excellent representation the judge formed an opinion against her and refuses to change his mind ignoring reports from social services who have described the judge off the record as being narrow minded and suffering from tunnel vision, he now accuses her of coaching our grandson to make up accusations, he has a guardian who has seen him twice 18 months ago who can does not return calls and can't be contacted even by social services, they in turn did not turn up at a hearing yesterday after having been asked to prepare a report on our daughter and her fitness as a mother they found her to be an excellent mother but the judge dismissed this and ordered more reports, her ex said he was not attending any more hearings the judge said ok and to make it fair our daughter would not be allowed to attend just her barrister and she has to pay for her exs' legal help from her legal aid fund, everyone is scared of the judge he is a law unto himself, and in the middle of this is a little boy who has told us he has been abused who social services have been told they are not allowed to interview again. If we weren't living through this nightmare I wouldn't believe it, we are going to try and speak to social services ourselves this week , there is another hearing in Feb that our daughter is not allowed to attend, what a mess Jeremy, I think what we need is a miracle and there aren't many of them about. Thanks for listening, bless you for your time and interest. by Saunderson

A:

This sounds dreadful. Your daughter is at least able to appear through her barrister and after that hearing she must ask for a full report of the proceedings and his advice. Once there has been a final order she should get written advice as to whether she should take it further and how to do so. One thing you can try is to find out if the judge has reserved the case to himself if he has reserved it she has the right to make a complaint about the judge which I think should go to the Ministry of Justice if he has not reserved it she can ask for it to be transferred to another judge by application to the district judge. She shouldn't take either step unless advised to do so by counsel. She can appeal any part of the order including the costs order and counsel's written advice will be needed.

Q:

My daughter is going through the family law court system, the judge is completely biased in favour of her ex partner, our 4 yr old grandson has told us he is being abused by her ex on his visits , the judge ignores reports from social services and has threatened to give her ex custody if she pursues any complaints, her ex is allowed to make any statements he likes and is never asked to provide proof, what can we do, is there any way we can have the way the case is being handled by the judge looked into, we are desperate for any advice you can give us, social services, the nspcc and family safety have tried to intervene but the judge just stops any contact between them and our grandson. by Saunderson

A:

Is your daughter being represented by a solicitor? if not she needs to be. A possibility is that you should ask for permission to intervene and if permitted to do so seek a CAFCASS report and point the CAFCASS officer in the direction of NSPCC etc. I also suggest that you ask a solicitor local to the court to give you advice and take with you any documents from the interested agencies. If you don't get permission to intervene it is always open to your daughter to appeal the final judgement when it is handed down but again the advice of a solicitor and/or counsel is essential

Q:

I have a decree absolute, Jan 4 2008 and my ex wife seeks a pension splitting order which was overlooked by the court. Do I have to comply with her wishes as we are now divorced in legal terms? she has recently furnished me with an Application for Ancillary Relief form? i would be grateful for your guidance in this matter. by Steve Edney

A:

Your wife is fully entitled to seek a pension sharing order and you must comply with the Directions of the Court which will have followed her filing an application form A with the court. You don't say how long you were married or if any part of the pension was earned before marriage as these factors will probably affect the share she may be awarded. In the case of a long marriage the court will probably start at half but orders of 1/3 are not uncommon.

Q:

Hi My husband disappeared 7 years ago He left me with two school aged children. No one not even the CSA were able to trace him. About four months ago I traced him. I told the CSA and asked if they could still chase him for child support backdated. They said NO because my children are now 21 & 18. They said there was nothing I could do and closed my case. Is there anything I can do to get some child support backdate? Thank you by sandra

A:

If you divorce your husband you can apply to the court for ancilliary relief and one of the elements could well be a capital sum to compensate you for the lack of support in the past. Obviously a successful claim can only be made if he has assets or a substantial income. If either child is still in education they can apply for support in their own right. I suggest you consult a solicitor local to you. Most solicitors will give the first 1/2 hours advice free

Q:

Please I would like to know my doughter intend to come to uk to further her education holding European passport obtain in Italy,because she was born here is it possible for my spouse to accompany her or what do I have to do we dont want her to move alone at this age of 18yrs. by isaac owusu

A:

If your spouse intends to look after your daughter while she completes her education here I feel pretty sure that a visa allowing this will be granted. I am not however an immigration specialist so this answer should be checked with someone who has more knowledge of this subject tnan me.

Q:

I was born in Lithuania, and got married when i was 17 years old, then my daughter was born in the marrige, but after two and a halp years we got divorsed, but i never been in cort, my mum sighnt the divorced papers and cort went without me, so the father of my daughter took my daugher and im payin child suport, but i need to know how can i get her to bee with me?\r\nI want her to live with me here in England. How can i do that? by Agne

A:

You will probably need the help of a Lithuanian lawyer in this case. If this was an Englosh case you would apply to the court which granted the divorce for an order that the child shall reside with you (a residence order) or that the child shall have contact with you (a contact order) or both. The English court would want to know that the child will benefit from living with you and if you had not seen her for some years would probably get a CAFCASS officer (a court welfare officer) to see the child, your home and father's home and make a recommendation as to where she should live. It may well be that you should go to Lithuania and see the child and get her to know you again if you haven't seen her for some time before you do anything but of course if you go to Lithuania you can also source a lawyer there. You may be able to force the issue by withholding child support until at least you can see her. Any court is likely to want to know that you and the child are happy together, that you have a secure home to bring her up and that her schooling can be arranged in this country

Q:

I am austrian by nationality but grew up in England. I was married to an englishman for 9 years, and we had one son. My husband and I had decided in 2001 to move to Vienna. My children and I moved there first ( i have another son by a previous relationship) and my husband intended to follow as soon as we had settled down. I found an apartment (he agreed to the rent of 1000GBP) and waited for my husband to join us. He turned up and spent 9 days with us before saying he had changed his mind and was returning to England. when it became apparent that he would never be joining us, and the option of us moving back to England was closed to us (separate bank accounts and no home to go back to) I filed for divorce. he left me in debt and in 2005 we were divorced. my husband did not want custody or visiting rights to our son, and stopped payments of any kind.\r\nmy question is this -lawyers in Austria don't seem to know how to deal with the situation between England and Austria, those that might are too expensive. My ex husband has bought himself a new house and I don't know where he lives as he doesn't want any contact. He pays no child maintenance or alimony. the one time i managed to contact him by email he said he had no money to spare! what do i do?\r\nI would be grateful for your advice in this matter. many thanks,\r\nBernadette calice by b.calice

A:

Did you file for divorce in England or Austria? If it was in England you can apply to the divorce court for an order of Ancilliary Relief and can claim for maintenance, a capital sum, a pension sharing order or any combination for those factors. The court will require you both to disclose all your assets and liabilities income and expenditure and will then make an order, if you can't get legal aid the cost will be about £10,000. You could however ask him by e-mail to complete a form E which is financial disclosure and an english lawyer could then advise if taking him to court would be worth-while. If the divorce was in Austria you can apply to the English court for permission to start a financial case in England and this would probably be granted you will need an English solicitor to help you. There is no point in going to court if you aren't going to get anything but the court will look at both of your assets and do what is fair.

Q:

I was declaed bankrupt in relation to solicitors costs of £14,000 but the debt was a counter \r\nclaim against other solicitors however the Solicitor whp represented me did not act on my\r\ninstructions and the order was made\r\n\r\n\r\nMy question is thaty my creditors are solicitors who had demerged before the proceedings began and in that respect would the written consent of the partners of the firm that had been demerged have to be provided to the court. The evidence presented did not mention that the firm had demerged\r\n\r\n\r\nIt is said that the Sif authorised the proceedings as it was said that the Sif were the Insurers for the solicitors in 2005 buty the Sif stopped taking new claims after 2000\r\n\r\nI have asked the creditors , their solicitors and the Sif to give me proof that the demerged firm had consenterd to the proceedings and asked for confirmation of the person whop authorised the bankruptcy but silence has been the response\r\n\r\n\r\nHow can I now obtain that information. I should point out that my creditors had concealed facts from me that caused me a loss in excess of the debt and my loss has never been recovered\r\n\r\n\r\nWho if any will investyigate my complaint\r\n\r\n\r\nYours sincerely \r\n\r\n\r\nMorris Owen \r\n\r\n\r\n\r\n by Morris Owen

A:

Go to the Law Society in London and they can help you.

Q:

If I make a will how can I be sure that my wishes will be carried out? I am fearful that if my next of kin does not like the will then they will tear it up and my estate will be decided by the laws on intestate.\r\n\r\nRegards by James Kenyon

A:

The simple way is to get a solicitor to draw up the will appointing him or some-one else you can trust Executor and he/they must follow your wishes. The will should be lodged in his safe and a copy sent to your bank for safe keeping with the instruction that it is sent to a solicitor for the executor on your death

Q:

My mother died March 2007, we were not on speaking terms when she died, l have a\r\nyounger brother and sister, l was informed of her death which was sudden, my sister initially said there was no will, so l assumed that the estate would be divided equaly, my mother sold her house in London in Nov 06 and had an annex build onto my sisters property, unfortunatly my mother never lived long enough to move into her new home, l have been told since that there was a will and my brother and l were written out of my mothers will in 2002, we have never seen this will, could you give me any idea as to my legal standing.\r\nP.S. l was also told that she gave all her jewellery and saving etc. away to people she liked, so that they could thank her while she was still alive, my mother didnt know she was dyeing, so why would she give away everthing she was 76, am l able to know who she gave the money to. and how much the estate was, l am lead to beleive there was no probate? her estate would have been quite substantial.\r\nRegards Sharopn by Mrs Shron Marriott

A:

You are entitled to ask about the will and demand a copy, if this is refused you can carry out a search at the principal probate registry to see if a will has been proved there or if a Grant of Letters of Administration has been made. If a Grant of Letters of Administration has been made you are entitled to share in her estate but if will has been proved you may still have a claim against her estate under The Family and Dependants Act even if you are not mentioned but but this must be made within 6 months of any grant of probate. If your sister was helping mother with her affairs you can ask for details of any gifts. If your mother invested her money in the annexe then your sister will have the benefit of that but in the absence of a will or probate you are entitled to a full account of what she did with her money. I suggest you check to see if any grant has been taken out and then consult a solicitor.

Q:

I have stayed with my wife since July 1998 in Africa, but only got legally married in 2005 in Africa after having two children aged 9 (nine) and 3 (three) years respectively. The 9 years old child was born in Africa and the 3 years old born in UK.What is their legal rights regards parental authority or care?\r\nI am a student in UK and still stay with my family but our marriage is no longer subsisting since my wife officially goes out with another man and have agreed to divorce but asked for us to stay together for the purpose of bills and raising the children, let alone the visa.\r\nMy question is. "Our visa is renewable (at the discretion of Home Office) in November 2008, can I renew my visa and include my two children but exclude my ex-wife whom are currently my dependants and what are the chances for me to apply for a HSMP after my MBA degree taken in UK? Can my ex-wife swap her visa from being my dependant to sometihnig else or become a student independant of me as is her intention?\r\nCan the Home Office allow me to stay with my children under my visa than her mother's though? Your assistance in this regard is greatly appreciated and thanking you in advance for your valued reply. Darlington by Darlington

A:

This question is in 2 parts and I'm only competent to answer the first part. As the father of the children you are entitled to have a full say in their upbringing schooling etc. If you and your wife cannot agree you can go to the family court and get a ruling on the matter in dispute. Young children normally stay with mother in any dispute over residence (formerly custody) but if her new man is a person of bad character the court will go for the safest option. Until there is a ruling the court will assume (and hope) that you can agree on their care etc. I strongly recommend that if disagreements arise you should consult a family mediator. I'm afraid you will have to consult a specialist on the other query.

Q:

Hello Jeremy\r\nI'am a divorced father with full residency of my 8 year old daughter.\r\nAgainst my wishes the family court granted a 6 hour unsupervised monthly visit for my ex wife and daughter to spend time together. I objected to the unsupervised visit because my ex wife is mentaly unstable and violent.\r\nThe problem i have at the moment is; during these monthly visits my ex wife mentaly abuses my daughter with a hate campaign against me in addition she promises gifts if my little girl tells everyone that she wants to live with her. Due to her criminal record (assault police assualt) and violent past I have felt quite safe that my daughter would always be with me, however my ex does not work or pay child support therefore she abuses the legal aid system like it is her next door neighbour I work so consequently have to pay dearly for legal advice. My little girl is confused and she is showing signs of distress (pulling eyebrows out wetting herself) whenever she comes back from visiting her mother. I would idealy wish to cancel all contact due to this abuse; i would be etenally grateful if you could give me any advice on this matter. by Ian Ramsden

A:

You can and should go back to the court and ask for the contact to be varied downwards if your daughter is being badly affected, I suggest a doctor's opinion would be helpful to show harm to the child the court presumably know of your wife's character and took it into account but if it didn't know of her record when the order was made you should tell it about her violent tendencies and ask the contact to be varied. I suggest that you should ask a family mediator to talk to you both and see if an agreement can be reached on a variation to say contact at a contact centre.

Q:

Ihave just petitioned for a decreeabsolute, finalised 8/01/08, but my x wanted a pension splitting order organised. this did not materialise even though I requested it. Where do both parties stand now? Would this involve an amicable settlement out of court? by stephen edney

A:

The grant of the D A won't prevent there being a splitting order by consent. You will need the help of a solicitor in drawing up an order and the accompanying financial statement which will then be signed by you both and filed at the court with 2 form A's and the fee. If you can't agree terms I recommend using a family mediator and only asking the court to intervene as a last resort as the ancilliary relief procedure is lengthy and expensive.

Q:

My son was born 2004 dec and never got married to his Dad who has had idefinty for over 5 yrs and has applied for nationaization. He appears in birthcertificate and was granted a court order over my son to keep him every other weekend and see him for an hour every other thurs. I have submitted application to h.office idefnity leave under human right. My Mp wrote to them on sep 2007 for i wanted to go to Kenya to see my Dad who is in critical condition. H.office asked me to leave UK if i wish but they will withdraw my application as soon as i leave UK. which left me very streessed to be on put in condition. If i leave my son in uk before having idefinity i will not be able to come back to uk thus never to see my son again. \r\n\r\nAgain is my son entilled british passport/\r\nTHanks by wanjiru

A:

I'm afraid I am not an expert in immigration law but the Home Office decision does seem to be rather harsh Perhaps the best course would be for you Dad to visit you in UK when he is well enough. The alternative would be for you to get your son put on your passport and for him to go with you. I suggest you check this answer with an immigration expert.

Q:

Entered in UK in 2002 on visitors visa. 2004 had a son. His Dad had idenfinity leave to remainin Uk{from Zimbabwe)has applied for naturalisation. In march 2007 his dad was granted a court order over my son. My son has to cant leave outside uk for more than a month. Thus am left very vuneralbe for i have no stay in uk and can be deported any time and loose contact with my son. Plus its benefit for my son having to see both parents regulary. My son has no pass port and my passport is with immigration since 2005. Am working and not getting anything from govt even childtax credit. please advice what to do by wanjiru

A:

I'm not an immigration expert. You do not say if your son lives with you and sees his father under the court order but I presume that is the case. If you were to be the subject of a deportation order you would I feel have good grounds to challenge it as you should be with your son. You should apply for child tax credit.

Q:

I am a british citizen in the netherlands with my south african partner,she has a 5yr residents permit for the netherlands.but we would like to live in scotland as i am currently looking for work in the oil and gas industry and would be easier for me to move back to scotland as i would need to be close to home because the work will be on call.we have read that if we have lived together in a relationship in a european member state we can go to britain at no cost to us but not sure what we would have to do by James Stewart

A:

I'm afraid you need an immigration expert to answer this but I can see no reason why you and your partner can't just move to Scotland. Your status may be stronger if you were to marry and then you can enter as a UK citizen with her as your legal wife.

Q:

hello my wife has just left me 5 days befor christmas we have been married for one and a half years and have one son aged 19 mounths i just wanted to know were i stand with custody of my son and bills ect as she dus not work know she gave up her job when she moved out so do i have to pay all the bill as the ones in her and my name cos shes not working and maternenc on my sone i will be very gratfull if you could get back to me thankyou by matthew drane

A:

You don't say if she took your son with her, I assume she did. On the question of what used to be called custody but is now called residence either parent is entitled to ask the court to rule on where the child shall live and the court will need to know that the accomodation to be provided is satisfactory and that the child is not going to be at risk. Children under 5 are almost always placed with the mother but if there are safety or other problems (drug use or previous bad character in particular)the court will probably place the child where he/she is safe rather than follow the general rule. On the question of bills your wife can't make you responsible for her bills but if you have been in the habit of paying bills for her before you split you must notify the shops/traders where this arrangement existed in the past and say you won't pay any more of her bills. You are probably liable for the bills incurred before she left. Maintenance for your son will be calculated by the CSA but you should pay something anyway and I suggest £20pw to start off with.

Q:

i want to divorce my wife of 22yrs .we have a son of 17 .what is the law on selling our home?if she does not want to sell . by graham

A:

The rule is that after such a long marriage all the assets are to be divided equally. If your son is still in full time education the court might order that a sale of the home shall be postponed until he leaves secondary full time education, also if your wife or son had a medical condition which would cause exceptional hardship to have to sell up and relocate the sale might be postponed but the general rule is that you and your wife are both entitled to have your respective half share in the home so as to be able to start again. If she won't agree to sell you can apply to the court in Divorce proceedings for an order of sale and the judge will have the power to make such an order even if she won't agree provided the judge feels that it is fair and unreasonable hardship would not be caused. Each case turns on it's own facts and you should see a solicitor and get advice on your exact circumstances.

Q:

I have partial residency of my child for almost a year, and hopefully full residency in spring. Is it legal for my ex-wifes brother to conact my solicitor on behalf of my ex-wife and for the solicitor to reply to him in person.\r\nalso i would like to know if it gives me a greater chance of full residency if my child has lived with me for a year. by Richard

A:

If your ex wife is acting in person or through her brother it is perfectly OK for him to contact your solicitor and for your solicitor to reply. If your ex is acting through a solicitor then the brother should have gone through her solicitor but it isn't unusual for family members to try and intervene. Your solicitor will no doubt have pointed out the correct procedure to him. If the child has been living with you for a year and all is well there will be a presumption that the child should stay with you but it all depends on the child's needs and your ability to supply them.

Q:

i was awarded £30,000 from ex, shud of got it last yr jan 11th.he was told to sell a property and pay me he sold the prperty bk in july last yr, he has now gone bankrupt he has broken every court order that was made againt him, he stole my jewelrymtried to sell house behind my bk ect. were do i stand now, im in dept cos of him he s ruined my life by jackie

A:

I'm afraid that the bankruptcy may affect your chance of getting the court order upheld although in a recent case similar to yours the court did take the view that the successful judgement should be upheld as against the creditors. This requires the help of a solicitor as a matter of urgency. You can prove in his bankruptcy as a creditor so contact the official receiver, but your solicitor's guidance is essential as you may be able to put forward some priority. You wouldn't be able to claim because of his bad behaviour I'm afraid unless there was a judgement which would take priority to his creditors and that is very unlikely.

Q:

can you help my husband has reciently walked out of the family home to be with another woman i would like to know where i would stand in regards to getting the full sale amount of the house due to the reason he left and the fact he now lives with the other woman i also have a 14yr old son can this help getting the money, i do have to sell the house as i am unable to keep it on my wages alone thanks by Elaine

A:

You do not say whether the house is in joint names or how long you have been married. Assuming however that you have been together for over say 15 years the actual ownership of the home will be largely irrelevent as for a long relationship the court will treat the property as being joint. On divorce the court does have the power to order a transfer of property (your husband's share to you) but unless there are other balancing assets it is very unlikely that his share would be transferred to you outright. The reason he left is not likely to be regarded as sufficient for the court to confiscate his share of the house and give it to you I'm afraid. The most likely order would be that unless you can afford to buy his share (possibly at a small discount if he is unlikely to be able to fully support your son) the court will transfer the property to you but with a charge back to your husband of his share (possibly slightly reduced) that charge not to be enforceable until your son leaves secondary school. You can apply for maintenance to help you pay the mortgage.\r\nI suggest that you consult a solicitor as soon as possible who can get more background information from you and advise you more fully.

Q:

I had a joint loan with my ex-wife in approx 2001, the marriage broke down and ended in divorce and i could no longer afford the monthly payment and i contacted the company and they said they could halve the payment and double the term this i agreed to at the time and have continued to try to get my ex to pay her half, this has never happened. my ex wife is now bankrupt. where does this leave me ?.\r\nThe loan was originally for £7500 and the current balance is still over £8000 after 6+ years and the account is in default, can i do anything to have the default removed from my credit file since i have continued to pay my half?. We paid £240 per month for approx 1 year and then i have paid £120 since. i do have other debts myself and have some equity in my house, can i be forced to use this in order to pay debts?. \r\ni look forward to your reply.\r\n\r\nMany thanks.\r\n by Alan Thorley

A:

The technical answer to this question (which isn't all that unusual) is that both of you are liable to the lender for the whole of the loan and the payments arising under it, but as between the two of you the borrower who bears the burden of the repayments can go to the court and get a contribution order from the other party. Unfortunately the bankruptcy will probably prevent you getting a contribution from her while she is bankrupt and if you try and prove your claim in her bankruptcy you may not get anything. It is worth your while to contact her receiver and find out if she put the debt in her form of disclosure or if as I suspect she has not claimed it as part of her liablilities. If she hasn't disclosed it I think you may stand a chance of getting a contribution when the bankruptcy term has expired but this of course would depend on her having the money to pay you back which seems unlikely. The Bankruptcy Court has greater power than the matrimonial court but if you haven't made a claim for ancilliary relief the fact that you are paying her debt would be taken into account

Q:

i have been married to a jamaican coming up for 7 years in July. Obviously at the beginning when he was applying for his stay i was financially responsible for him. I own my own home for which i was going through the purchase when i met him. Even after he successfully received his stay he continued to be a financial parasite. Unfortunately due to financial difficulties i decided to remortgage with his name on this in the hope he would also step up and pay his contriibution this has not happened. I have a 4 year old with him. I have applied for another mortgage which is successfully going through in my own name and i intend to pack his bags and get rid. There is clear proof that he has not contributed to the household. Yes i understand through marriage he may be entitled to something (although he has not contributed what can I do. I have been a real mug trying to make this marriage work but I have now given up and wish to secure a decent future for both myself and my daughter. by sharon

A:

I am afraid that by putting his name on the mortgage you effectively gave him a half share in the house unless the solicitor doing the transfer made a special reservation to you of an unequal share. This is a very common occurence and a great trap for a lot of people. The Matrimonial Court however can and will take your greater contribution into acount and has the power to transfer the house back to you probably with a charge back to him of a lesser portion of the equity than half and posponing the operation of the charge possibly until the child leaves school. If he is unlikely to properly support the child that also would help to drive his share down. Your best course of action is to divorce him immediately on the ground of failure to support you and the child (unreasonable behaviour) and apply to the court for ancilliary relief to get the shares in the house changed and any charge back to him posponed. The new mortgage won't go through without his signature so perhaps a threat of action together with a release of him by the new lenders may put you in a good bargaining position but I suspect he may well sit tight on his nominal half share and you will have to get a Transfer of Property Order in Ancilliary Relief proceedings before you can get him off the title. Please go to a solicitor right away this isn't a do-it yourself type of case.

Q:

this question of mine is not relevant to family law i just wanted to ask you can you give some background on the law as i'm very much intresting in taking up the law course.? by Riesa Hussain

A:

There are a number of books about the law generally which should give you some guidance and you can contact the Law Society London to get details of careers in law. What I suggest you do is contact your local Law Society and ask them to find a lawyer who would allow you to shadow him/her for a few weeks as you will find out more about the law by doing this than reading books. It is a fascinating subject and if like me you enjoy helping people it is also very rewarding. Good luck

Q:

PROPETY IN GHANA.\r\nI had an affidavit sworn in in Ghana at the High Court, with a seal of authenticity, but has been rejected/set aside by a Judge sitting in a Magistrate Court in the UK. Is there any Statutory Instrument or precidence which will cause the affidavit to be accepted in a UK courts? by Ernest Orchard

A:

I'm fascinated by this. Usually a document authenticated by a foreign court is accepted however there are a number of documents and orders coming out of Ghana which are forgeries so ask the magistrate for an explanation. Also ask the Ghanain court to certify the document as genuine and show the English courts that assurance.

Q:

My Fiancee has multiple visa arrangements from a commonwealth country.Recently we lived togethr for a log wile.we have a baby .iaws advised to apply for child benefit..that went ok.as she is not yet resident in uk(we plan to be married)CAN I APPLY FOR CHILD TAX CREDIT?CAN I APPLY FOR A PASSPORT FOR OUR BABY WHO WAS BORN HERE?I AM A UK RESIDENT OF OVER 25 YEARS. by AIB JOBE

A:

I can see no reason as a UK resident of 25 years why you cannot apply for Child Tax Credit when the child is resident here. Also I think you can apply for the childs passport if you are on the birth certificate but you should check these answers with an Immigration Specialist

Q:

IS MY SON , ABOVE 18YRS, WAS BORN ABROAD LIVED ABROAD ALL HIS YEARS ENTITLED TO A BRITISH PASSPORT WITHIN WHAT SPACE OF TIME. I AM BRITISH CITIZEN BY BIRTH AND WE ALL ARE LIVING IN UK by Nancy Julian

A:

This needs an immigration specialist to answer but if he is living in the UK it seems likely that he will succeed

Q:

Due to domestic violence I obtained occupation order and then instigated divorce proceedings I have now engaged solicitor to sort out financial side. My husband will not tell us his current address and so we are forced to send correspondence to his employers. I do not think they are aware of situation he has ignored all correspondence from solicitor. I am trying to sever the tenancy as I was stupid enough to sign over 50% of the house I originally owned. I am now left with huge mortgage and he is currently trying to financially ruin me by taking out loans and thus ruining my chances of obtaining a new mortgage when my fixed mortgage ends. He is from tunisia who do not have extradition treaty with uk. He persuaded me to remortgage and put his name on deeds of house although originally I owned the house with a small mortgage it would appear that he stayed with me just long enough to gain residency permit for the UK by Mrs. Boukhalfa

A:

Provided thecourt is satisfied that he has received any court documents the lack of a home address won't prevent you from persuing him. Once you have started the process by issuing a form A the court will require both of you to complete a form E which requires a current address, if he fails to reveal this you can raise a questionaire to force this information from him. Your solicitor should file notice of the action taken by you with the Land Registry and this will prevent him further charging the property.If you sever the joint tenancy this could be taken as an acknowledgement that he has a half share so I wouldn't advise that. The court can take into account your former sole ownership and small mortgage and you can seek to persuade the court that the charges should at the least impinge on his share alone. I have known his type of conduct to be criticized by the courts and affect the ownership but if he were to prove that the money he borrowed on the charges was used on the family he may have a way out in which case your are likely to be deemed half and half owners unless it is a very short marriage when your greater contribution will help you redress the balance. Copies of any charges he has taken out can be obtained from the Land Registry.

Q:

I came inUK since 2001. I am from the Ivory Coast. I met someone in 2003 when I went back in Ghana to sorte my daughter who I left in my country. In february this year I went back in Ghana and we got married. My husband appied for a visa to come to join me but the Ambassy refused his antrence. I have 3 children to look after and I have indefinite leave to remain since 2002. Can u advise me what to do please. by felicite

A:

If you can prove you are permanently resident here and can provide evidence that you intend to live together as man and wife he may well get leave, if he doesn't succeed there is an appeal process. The level of commitment to the marriage is what the authorities are likely to be looking for so any period of co-habitation combined with witness evidence of a settled family life will help.

Q:

My son is 19yrs and has taken proceedings against his father for financial assistance whilst at college and to continue when he goes to university. I am his mother and am only in receipt of benefits, which include child ben, child tax and income support, total £129pr week. My exhusband has a gross income of £90,000+. The jduge ruled that because my son has no debts that £77 per week is suffient, even though this does not cover private tutor for maths & english, travel or lunches at college. My son is not entitled to EMA or AEG because he has studied for 3 years. Due to unforseen circumstances my son did not achieve the grades requird for university, hence the claim for support as I can substitute his finances. the jduge has made his decision based on the fact that my son is an independent adult with no debt. He has not taken into account that he is my dependent and as such, I have the financial burden and debts, on his behalf. I do not understand how he can be classed as an adult in his own right for the purpose of submiting the claim, but be totally dependant on me for financial support, to which the judge will not take into account because I do not the claimant? Further more, my exhusband took out a mortgage of £270,000, to which my son is not allowed to ask when or what for, because the judge ruled that it sounded like an exwife trying to obtain information! My exhusband also took out £70,000 on a credit card, which we are allowed to challenge. However, the judge stated that £3,000 was excesive claim, and also said it could not be back dated to September 07, the start of the college course. We are now left with accepting £77pw, knowing it will not cover my sons expenses which will be until July 07. Can we appeal the judges decision? I hope you can offer some help? Regards\r\n\r\nShelley Maxwell (parent) by SHELLEY MAXWELL

A:

Your son is treated by the law as no longer being your dependant as he is over 18 and now in tertiary education. However as he is at college you could app-0roach the CSA on your own account. He can appeal the order of the judge but appeals have to show that the judge applied his powers non-judicially and this is difficult. You son can apply for a variation upwards on the ground that the situation is now different and may succeed but he is more likely to get an upward variatioin if he waits for say 12 months before applying