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Residence and contact order

  • dragonfly
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01 Jul 07 #1105 by dragonfly
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Over a year ago, Cafass officer was involved with interviews of both parents and children (group and individual interviews) a report were drawn out and presented in court. The Judge had award the residence order to me over our two children. Yet he kept arguing in court that he will not sign the FDR papers until the Judge award him share residence. Can he continue to do so even though he had no ground? Anyone in similiar situation?

  • wikivorce team
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01 Jul 07 #1112 by wikivorce team
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Dragonfly,

Sorry to hear of your situation.

As far as we understand, the courts are quite clear that the financial and childcare aspects of divorce are dealt with separately.

The judge will not be blackmailed into awarding him shared residency because he wil not sign the Consent Order. The two things will be kept seperate.

The main effect of him refusing to sign the Consent Order is that the ancillary relief case will have to go to a final hearing.

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03 Jul 07 #1127 by dragonfly
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Thanks for the reply. Having gone to court on many occassions, I felt that whatever the outcome, I still feel that he will keep coming back with more and more problems and make it as hard as possible for me.
Can the final hearing be really final? Can he still appeal? As you have pointed out that children and finance are separate issues yet the Judge allow him to carry on his unreasonable demands. At times I felt that the Judges are very bias. One thing I have learnt, that if you are very articulate, the judicial system works well for you.
The whole hearing goes to achieving nothing and in my opinion a total waste of public funding. What I dont understand is how he could bring up issues after the court had already made an order. The cost is then directed to me as he refuse to work.:unsure:

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03 Jul 07 #1129 by Princess Fiona
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Once the capital settlement is imposed or agreed and approved by the court there is a certain time allowed to lodge an appeal after which there is no going back.

If court feels your ex is a "vexatious litigant" under the Children's Act 1989 Section 91.14 the court has the authority to bar further CA applications without leave of the court.

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04 Jul 07 #1155 by dragonfly
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At least there is a little hope for me. thanks for the reply. Just got an e-mail from my sol. indicating that the soon to be ex is going to sign the ancilary relive papers. He had renege in the past so I wont' be holding my breath until I see the signature on the paper.

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