My son's wife has left him with 3 children to look after. She is living in Tenerife with her lover. She refuses to send him any maintenence for the children. At present he is parent in residence, I think he needs to get priper custody but not sure of how to start with no money.
Province/Country relating to question : England
CABin Stratford uoon Avon who were not helpful
HiHow old are the children and what income does your son's ex have?Claire
Regret, unable to supply Ex wife's income just that she has a job in the tourism industry and so has her boyfriend. My son is now on a 4 day week so as to cope with housework ie shopping, cooking, laundering etc. 2 girls are 11 and 13 and the son (who is not my son's child but we consider him as such as Michael has brought him up since he met Debbie when Joe was 18 mths old) is 17 and has an apprenticeship at a local structural engineer. Debbie just won't contribute anything. Mike is claiming benefits, but he needs to secure his position as the responsilble adult. He is also concerned that she may in the future decide to have the girls over to Tenerife and then refuse to return them.....Joyce
HiHas your son started divorce proceedings yet?Claire
Sorry Claire. Yes, the divorce has now gone through
HiDid he apply for a financial order within the divorce proceedings at all?Claire
Right Claire, I've spoken to Mike and he says that he didn't apply for a financial order as his ex-wife agreed to pay £150 pm according to her salary as a result of contacting ukdirectgov.com. This was prior to her moving to Tenerife.. She left him in May '11 and moved to Tenerife in April '12. and has not paid him since. She left him with a fair amount of debt which I have helped with, but I am 71 and cannot support them any more.
HiThen he needs to make an application for the financial side of the divorce to be dealt with.Within that he can apply for Child Maintenance and can enforce any order that is made using the Reciprocal Arrangements set out herehttp://www.justice.gov.uk/protecting-the-vulnerable/official-solicitorHe may be eligible for Legal Aid to assist with this - he can check herehttp://legalaidcalculator.justice.gov.uk/calculators/eligiCalc;jsessionid=215F844286B29D66C7A47EA2EB00BA6D?execution=e1s1So far as his worries about the children going on holiday are concerned he should not worry.If his ex tried to keep them he would be able to apply for an order to insist that they are returned to the Uk - and he will be successfulClaire
25 years experience of all aspects of family law
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