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Ex doesnt like CAFCASS recommendation.

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02 Feb 10 #182109 by Forseti
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Angelheart1962 wrote:

Thanks for reading. x


Thanks for writing. x

It is important to see both sides of this issue and to understand the reasons for LTR applications.

I think the reason there's so much concern from many (including me) is that the courts often seem to rubber-stamp the applications without giving them full consideration, and often on very flimsy grounds.

I don't know the figures, but very few applications are refused. Compare the situation, for example, with applications by local authorities for care orders, in which, according to the MP John Hemming, only 0.27% are refused. When LTR applications go to appeal most are dealt with by Lord Justice Thorpe, who has clear, and quite strange, views on this issue.

You have clearly given a great deal of thought to how contact can be protected if you move to the US. Obviously contact does continue in many cases (though it's probably a minority) and some fathers are much better advised to concentrate on how that can be achieved than on a court action which is likely to be futile. Some fathers find they get a free summer holiday out of the arrangement, so it is best to try to keep things amicable.

I doubt that you will have any trouble with your application, and your ex's best bet would be to make sure there is a good contact order in place which can be 'mnirrored' in the new jurisdiction.

All the best.

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02 Feb 10 #182112 by Angelheart1962
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Thanks for your post Forseti, very much appreciated. And although we may not always agree, I do find your posts very interesting and informative! ;)

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02 Feb 10 #182116 by perrypower
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Have you completed the Ancillary Relief action yet? If so what was the outcome?

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02 Feb 10 #182141 by Angelheart1962
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We had a first financial hearing with a judge in November, who made suggestions about how we should divide our assets (we only have the house really), and ex agreed to it in front of her, got outside and changed his mind. My sol suggested we wait until after the final hearing for the relocation case, because then we will know if I am moving or not, and can make clearer financial arrangements.
I guess I am ok with that, it seems to make sense.

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02 Feb 10 #182160 by perrypower
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Yes, it is a good idea to sort the financials before you relocate.

I do have some concerns here:

On the relocation, I am sure it has been well thought out and will be granted, but how much time has your husband spend actually living with you and the children? Has he got children of his own from prior marriage?

There will be a lot going on and things can get fraught very quickly once you are all together. No matter how wonderful he is, it will take a bit of effort from both of you to settle the children in and everyone get used to each other. He is 57 years old and unless he is used to having an 8 and 12 year old running about his home it could be a short honeymoon. Just be cautious. You know your children, he doesn't.

On the Financial side, I am not surprised ex did not consent to the view of the judge, I certainly would not have. I foresee a real risk to you on this. Firstly, I understand there is only one asset which is the house. How much equity is there after the mortgage is repaid and the estate agents selling fees are taken into account?

If ex will be having the children to stay at his place (in the UK) once you have relocated he needs a two bedroom place (fully furnished) at a minimum. He seems to have little or no income prospects. If you relocate, then your housing needs are met and any decent sol representing ex would make that case and ask that he be given more than 50% of the equity. To have it put into a trust to cover the cost of contact is unrealistic.

I understand he was given a payoff and early retirement (£30k ?) and used the majority to repay debts. That would not be seen as irresponsible, infact it would be seen as responsible.

Without having the full figures in front of me, I would, if I was him be asking for 75% of the equity, all costs for child contact to be split 50:50 and Child Support to be paid in line with CSA (£5 per week).

You have remarried and are not entitled to spousal support.

If he has retired then his pension is in payment, do you have any, as he can certainly make a claim against yours, but I see this as unlikely unless yours is large in comparison to his.

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03 Feb 10 #182543 by Angelheart1962
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Thanks for the post perrypower.
My new hubby has grown up children (27 and 30), so is used to kids,and was also a teacher, so they arent a foreign species to him lol. To be honest, he is great with them, but I do take on board what you say about when we are all living together, because whether we relocate or not, it will take a bit of getting used to for us all!
As regards the finances...my ex was a teacher also, and is hoping to go back into that (he was given retirement on health grounds), but to be honest he isnt too sure what he is going to do at the moment. He says he wants to work now he is better, and should be able to. I know I have remarried, but my housing needs wont actually be met until we move, as my new hubby has only a one bed apartment (having lost HIS house in his previous divorce settlement), so we will have to rent another apartment with at least 3 bedrooms, and will be hoping to buy at some time in the near future.
However, I dont think its right that you say he should get 75% of the equity in the house, because I am the one looking after the children with only £5 a week (at the moment) child support. As you know, children are very expensive, and I think I should be compensated for that. I dont mind 50/50, but I think 75/25 is a little steep!

My pension wont kick in till I am 66 I think (47 now), and is only a local authority pension, so not exactly megabucks LOL.

Any further thoughts much appreciated. x

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