ADVICE NEEDED PLEASE

My brother left his wife 6 months ago,he has just started divorce proceedings and is applying for a contact order. When she got to know she emptied the FH and left the area with the two children. Through his solicitor he’s been told any court hearing will be where she now lives, this is 150 miles away.
Is this “set in concrete”?
What sort of solicitors fees can he expect to pay i.e does he pay for travelling time etc. and can he claim any of the extra costs involved from his ex? Any advice would be welcome.

emma, first of all, what a lovely thing to do of her wasnt it..>!!!! this is a tricky one, i myself went to court for contact order and when i received the my solc bill for the day in court it had allsorts on there.... travel, car park costs the lot, they dont come cheap!!!
i am not really qualified to answer your question as to whether it is 'set in concrete'. one thing I do know is that you can change your solc whenever you like, it may well be more suitable for him to have a solc who is located closer to where his ex and children live now. as in my experience, yes he will get charged...
good luck to you and let us know how you get on...

LR

Although there is a rule in the Family Proceedings Rules that any Children Act application whilst a petition is pending must be issued in the court seized of the divorce petition it is usually ignored and children cases are heard in the court local to where they live.

Thank you. Her moving will not stop his determination to see his children, its just makes it more awkward and expensive.

hi emma, I think there are several factors to consider here. As you say your brother is making an application for contact. What is important is the contact schedule that existed before his ex moved. I know that courts seem keen to preserve the "status quo" and don't like disruption to the children.
How much contact has he had over the last 6 months since the split? How do the children feel - I suppose this depends on their age really.
A contact order would have to be heard in the court nearest to where the children are because if CAFCASS become involved it is obviously easier for a local officer to see them.
I'm not too sure about the costs etc but obviously there is going to be a fair amount of travelling to do - both for the court hearings and then maybe for the contact?
A bit more background may help someone with more of a legal perspective to give you some more help.
xx

Thanks
My brother’s concern was the travelling and the expense this would cause, as his sales area is the Southwest and the children have been moved North. The children are 8,10.
He has now spoken with his solicitor (regarding the legal issues) who has outlined his options, and now things don’t seem as bad as he first thought. Once again thank you all for your advice.
Em x

Hi there.

I have read all you notes on wikivorce. You need to sit down and think, "Do you really know your brother"?

The thing is, you dont know anyone that well at all. My brothers wife did the same thing. I found out 2 years later to my shock horror that my brother was being nasty to his wife and children, telling the kids to be quiet and watch tv, would do nothing with them as a family and the worse part was we found out he was taking drugs, keeping the drugs in the house where the children were, more interested in his playstation and drugs than his wife and children. SO....Good luck to your brothers wife and children for going as they have not gone for nothing, he might be just the same and you just dont know half of it. If he is a user and you know then that my friend is even worse, back his wife and let them be. The court will dig deep and get doctors records, have tests done and then they will all know the truth.
If he was a good dad and never touched drugs, be nasty to his wife and children then ask yourself this, "WHY did she leave ?"

Its obvious to us all love but he wont tell the truth as your his sister.

Thanks.