[Tom LondonParticipant]

Scummy Mummy. She is selling contact with her children for financial gain. It is child abuse.

[Tom LondonParticipant]

Judges going against Cafcass recommendations is an interesting area of conversation. My ex’s barrister made a point in court that the judge could not reject a cafcass report twice. The judge then rebuked him and told the barrister it was not his place to tell him the law but after deliberating for 1 month he bowed to pressure and went with a cafcass recommendation.

Cafcass seem to so often be out of line with the rest of society. It is as if the organisation has been hijacked by the feminist movement.

[Tom LondonParticipant]

Unreasonable behaviour until she cites DV and abuse and then Cafcass will rally to her side and recommend relocation. English courts are a joke. French judges would possibly cut through the bullshit and call it as child kidnap.

[Tom LondonParticipant]

I would have thought that her statement that she is not returning the daughter shows clear intent to kidnap. Police should surely have to act in this case unlike the normal holiday overseas without consent stories that we get here.

I wish posters would come back here and share outcomes. In this case I think the UK police have no wriggle room. That have to issue a Europe wide arrest warrant and the daughter has to be brought back into the jurisdiction of UK courts until a court order is made.

[Tom LondonParticipant]

I am still up for this. Turn up for one of their board meetings and stand outside with signs. Nothing too bad but just remind them of how they are failing our children. 7 years of no contact for me. They share their offices in London with many other government agencies so it is doubling as embarassing as just showing up at a regional office where they occupy the whole building.

Maybe issue some mugshots of their attendees.

I ran into Jack Straw today. All alone in a public place with no protection. The guy does not even make eye contact with people in public. I guess the war crimes thing still haunts him. I reckon a fair few CAFCASS board members will be as embarassed in public. They would not even dare to enter into conversation with us outside the court or security of their offices.

[Tom LondonParticipant]

Yep she has taken the child out of the UK without permission from the court. Beyond 28 days and I think it becomes child kidnap. The courts can insist she returns the child to the UK. The French authorities will respect UK court orders even if they relate to French citizens who are resident in the UK. French police will have to recover the daughter and bring her back to UK.

As far as the divorce goes I looked it up once before on a forum for someone who wanted to return to Spain and initiate a divorce from her home country. She needed to be resident for a period of 6 months or so before she could apply to Spanish courts.This is a Europe wide standard. You cannot just move to France and then inititate divorce proceedings there. You have to be residing in the country.

Saying that though despite the language barriers I personally would be tempted to try my luck in French courts. They are the opposite of UK courts. Laws in France are very much framed around your responsibilites as a citizen and your responsibilities to the child. UK law everything is about property and ownership. The rights of the child might actually count for something in a French court and hopefully their courts are not a farce like their UK counterparts.

[Tom LondonParticipant]

This is very typical of the court reporters/cafcass. They look to see who has the children, then fail to look at any of the worries raised by non resident parents. They build a case around keeping the children with the parent or grandparent in this case that the children live with. They maintain the status quo and like Rochdale social services they turn a blind eye to abuse because to investigate that would mean actually putting their own necks on the line.

You have to be the parent who right from the start goes on the attack and snatches the children from the other parties. UK family courts reward the narcissist parents and grandparents

[Tom LondonParticipant]

Well in nearly all other areas of life a limited company is off limits to people pursuing you as an individual through the courts.

If you ever end up in front of magistrates (non payment of CSA) then they will ask you to fill out a form listing your financial assets. If you are the owner of a limited company then those assets held in the company name are off limits to the magistrates or judge. They simply cannot touch them.

This however does not appear to be the case with Family Courts. Yet again they have the power to flout all laws and just raid limited companies as they see fit.

https://www.hlwkeeblehawson.co.uk/Legal-Updates/Divorce—The-Limited-Company.aspx

So your wife is right to think the money in her limited company is safe. Only she has never yet met a family court judge. Family court judges can do what they like and disregard all other laws.

[Tom LondonParticipant]

Sleeping with her best friends husband? I hope she has 0 friends left now.

You can probably make a claim on the business. Limited companies are a separate legal entity but if it was that easy to move wealth then no millionaire ever would have to payout on divorce.

Looks like you have quite a fight on your hands. Your ex sounds like an utter cunt. Expect the worse and please go shag her ex best friend

[Tom LondonParticipant]

Also use the wikivorce forums for free legal advice. It is far from perfect but many posters there are professionals and will tell you how to do things for minimal cost

[Tom LondonParticipant]

Search the forum and you will find this has been done before. The board is far from perfect but lets try to make the best of it. We can all contribute.

There are legal professionals with F4J but they remain relatively quiet on the forum. Check the sticky notices. Most areas are covered in those threads

[Tom LondonParticipant]

Too many fathers are just rolling over and paying! Stop paying the fuckers! Equal parenting! Neither parent should be giving the other money. It should all go directly on things you purchase for them during your 3.5 days.

[Tom LondonParticipant]

Desperate measures which will then be used to smear your character in court for years. Really not advisable.

Sorry the situation stinks but resident parents have possession of the children and family law views children as possessions. Think of the children as being the same as a car in her name. You can ask to borrow them (you need her consent) but otherwise you have no claim.

I am about 8 summers in now. Every year my kids get shipped out to inlaws in France and I can do nothing. I raised the point in court that the inlaws were taking the kids out of the country without my consent (mother does not need it) and that amounted to child kidnap. The Judge and I argued whether it was illegal. He consulted the large family law acts, conceded the maternal grandparents had acted illegally and then made a ruling that the children could be removed from the UK by anyone without my consent.

So my advice is that it is a battle not worth fighting. You will lose.

[Tom LondonParticipant]

You have no options. No court will stop mother going out of the UK for a “holiday” of up to 28 days. Border agency and police will not prevent her. You are powerless. She can take the boys to Malta for close to a month. Even if you had a court order stipulating contact over the summer the children’s mother is free to flout that and little would be done.

[Tom LondonParticipant]

No court order means she is free to do what she likes. Border agency and police have no powers to stop her.

If you think that the ex is a real risk of flight then go for an emergency court order. Insist the solicitor holds the passport.

If it is just for a holiday then let it be.

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