Dismissal of Children's Act & eviction

[Champion]

A judge made an error dismissing the childrens act which means I cannot now make a financial claim to support our children, this means the father is devoid of financial responsibility. I appealed but another judge made the same error, though since then barristers have confirmed the children's act cannot be dismissed. This has meant we are now facing eviction from our family home because essentially I am being ordered to pay my ex partner off or face eviction. If I dont raise the £ which is 40K over what our home is worth they will begin the eviction process. The issue is I have had to work insane hours to raise my salary to be considered for the necessary mortgage but the banks say the house is not worth what the court is ordering me to pay. The court refuses me to have the right of a rics survey and are using an estate agency valuation. The house needs repairs including building regulations which my ex partner is refusing to help me sort before completion. I can raise the RICS survey but not the estate agency /court amount. The eviction judge says he cant go against the judge who made the error with the children's act. I have had a C100 claim thrown out because of the children's act being dismissed, my ex is self employed and therefore declares little earnings which means we hardly get anything in terms of support. He has now added a further 3k to what he says I owe him, if I don't give him what he wants he wants to add a further 20k or have us evicted so people viewing the house don't know children are involved. I need to get permission to appeal but apparently odds zero, I am at my wits end, pro bono does not work, my case is too complicated. So I suffered 20 years of this man and I am continued to be coerced by him via court. Ive got two weeks to make an arrangement but he says I must complete. With working I feel destroyed and let down by family court. Im looking at the appeals process but it says I am out of time, how can I be out of time when LAW was dismissed in error and court is using the wrong survey? If the law was implemented correctly and the correct survey was used, this would be over but instead it looks like we will be evicted!! I own about 65% of the house. I feel very bullied and alone. To top in tolata he stated he could not get money from his parents forcing me to buy or sell the house before my youngest reached 18, after tolata he was gifted 120k!! So my children lost their rights on his lie !!! He wont assist getting building regs so I am being forced to buy a broken house without the right of survey and negotiation! Can anyone give me hope? Or advise on what to come with the eviction process. I cannot believe we are to be evicted so our home is empty for viewings because the court refuse to accept the RICS valuation which bank lenders agree with.

[Suzie, FRG Adviser]

Dear Champion

Thank you for posting on our Forum. I am sorry to read what you have written about your situation.

At Family Rights Group we provide advice and information when Children’s Services in England are involved or when you wish them to become involved in your family life.

From the information you have provided this may not be the situation for you and your family. Instead, you are seeking advice in relation to a private law matter, which is when there are disputes between parents or carers about things like where a child lives and how much time they spend with each parent and more specifically you ask about matter relating to property (housing).

Unfortunately, private law matters (and property issues) do not meet the remit of our service, and we are not funded to provide advice in these types of situations.

I am sorry that I cannot advise you, the housing charity Shelter may be able to offer you some advice. Rights of Women may be able to help too.

Best wishes
Suzie