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please is there someone out there who can give me advice on this topic! my partner of 6 years left myself and my 2 yr old girl, we were visiting my family 12 hours away from our home when he rang out of the blue and told me it was over,no explnation, no other women just he couldnt cope anymore we had troubles like everyone but nothing i thought couldnt be fixed. I asked him if i should visit centrelink to get some money he said yes! because i then had to contact child support he felt i was not being nice and went to a solicitor, 1week later i had a letter stating that my daughter and i had to move back to the area we were living and if there was no answer there would be court orders to move us even though he told me to stay. We had a home together, he offered me an amount of money that wasnt what i had really wanted, but after i got the letter i agreed to it because i was scared, I then responded to the letter stating that i would like in writing that my daughter and i could stay with my family for we had no other support where we were living, and i would be paid the amount of money my ex and i had agreed on, in return I got a seperation aggreement that had nothing that i had asked for on it, except the small amount of money we had agreed on, i did get a jp to sign it but it was not good enough for him and the solicitor and they told me to go see one myself to get it signed, my solicitor could not believe the blackmail that had been going on,on his behalf, {did i mention after 4 mths he still has our things} my solicitor says it will be ok he cannot make us move and if i am not a bad mum my chances are really good, but my partner seems to think he is going to be the one on top, he tells me he doesnt want to make us move or take her from me but he wont put it in writing, he tells me all he wants is the house in his name which i am happy to give to him but he cant write one paragragh for me, after the first letter i know i cant trust him ,but at the same time i think it is all threats so i will accept the money that he has offered which is very little for what he earns and the cost of the home, but if it meant my daughter, i would do any thing, i guess what i want to know,now you know a bit of my story is if or when it does go to court which i say it will now is there any reason for them to take her from me, or can they make us move even though dad hasnt seen her for 4 months, he is quite a high income earner also, any info or advice or any situations remotley simalar would be a wonderful help this is all so foreign to me and solicitors scare me also how do you know whether you can trust them? or if they are doing there job properly ↓
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| Name: pj754 | Date: Jul 7th, 2006 1:53 PM |
| Are solicitors lawyers? You need to be seeking some serious legal advice, someone that knows the laws in the area you live in. I don't believe he can make you move because you had been living in that residence when he walked out on you. He can't take your daughter away from you, unless he can actually prove beyond a reasonable doubt that you have been mentally or physically abusive to her. Does he live in the house you now? If the house is in both of your name, you should have an appraisel done on the home and then the equity gets split 50/50. Plus, he needs to pay you child support. Don't accept to anything unless it is in writing. He is trying to bully you into what he wants and get it into writing before it goes to court. Don't sign, don't agree, etc... until you have things done legally. Plus, you should be entitled to your personal belongings out of the house. The courts will make him give them back to you unless he got rid of them already. Although, their material things and they can be replaced which is not something anyone has to do but focusing on your daughter's well being is more important. Plus, an ample visitation schedule needs to be set up if he choses to see his daughter. If you are awared primary care giver in the courts, don't allow him anymore time that they courts says he can have. He sounds like he is going to be very nasty with you. He say just about anything to get you to agree. Don't agree unless it's in the courtroom. My ex threatened to take my children from me and said I would never see them again or get a dime from him in child support. Well, after about 3 years of battling back and forth in court, I still have my children and he has to pay child support which he doesn't do on a regular basis. Plus, the child support monies should be based on what he has made in the past and then you get a percentage of that (of course, this depends on where you live). Call around, talk with some people about a good divorce/child custody attorney/lawyer. Be sure to get one that is very aggressive. I hope this helps. Remember he is going to keep blowing smoke at you with his words, let them bounce off of you. He walked out on you and your child, in the court's eyes that's not a very good sign. ↑ |
| Name: naomi | Date: Jul 25th, 2006 6:00 AM |
| i never said thanks, so thank you for your advice it was much appreciated, things have calmed down know and i think things may all be sorted out but thank you again ↑ |
| Name: pj to naomi | Date: Jul 28th, 2006 8:59 PM |
| Hey no problem, I'm glad to hear things might be working out. It's nice to be able to talk with others and get their ideas on what they may think. Sometimes, there are good comments that we might not think about. Good luck and keep us posted if you need to. ↑ |
| Name: Lizzi | Date: Jul 30th, 2006 1:04 AM |
| You need your own lawyer so you don't get the sh** end of the stick (if it isn't already too late)! You should have never signed or agreed to anything without your own lawyer. You did exactly what your partner wanted you to do. Sounds like he's had these plans awhile before he ever let you in on them. You need to contact an attorney of your own and see if he can undo any damage and get you what you should RIGHTFULLY have. If you can't afford an attorney,contact your local welfare department and see if they can recommend someone for you. ↑ |
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