A new court order might be requierd

[DY24]

Hello,
I am seeking some ligal advice.
I am divorced in 2021, the children live with me all the time since summer 2022. According to the previous court order children’s dad should collect both children every Wednesday and every other Friday ( from school) and bring them to school on Monday. He stopped doing it, as he has mental health,but he is not diagnosed with Alzheimer’s.
He was always helpful before and used to pay for the children activities. Recently his sister became LPA and now she helps him to make payments. She is very unwilling to make payments for the activities and do not follow my ex-husband’s wish. She said that I have to pay 50 % of the activities, i did not agree with this as the situation has been changed and I would like my ex-husband to pay for it.

Previously she was transferring some amount of money from my ex-husband’s account without his consent, so the police was involved in it.
I am worried about my children rights.
I assume that I need to apply to the court and ask to reconsider the financial situation.
Question: what should I do in this situation? Could you please help me to apply for the court.

I look forward to hearing from you,
Regards,

[Suzie, FRG Adviser]

Dear DY24

Welcome to the parents’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

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 is not the situation for you and your family. However, I understand that you are in a difficult situation, and I am sorry to hear this.

You explain that following your divorce, your children spent time with their father, he was helpful, and he provided financial support for them to undertake activities. Unfortunately, he is no longer able to do this due to his mental health difficulties. His sister has lasting power of attorney for him but is not providing financial support in the same way as the children’s father did. There has also been police involvement due to allegations that she was transferring funds from your ex-husband’s account without his consent. You are concerned for your children’s rights and wanting legal advice about applying to court to reconsider the financial arrangements.

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 financial matters following a divorce.

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

I would suggest you contact the following organisations, who may be able to assist you:

• Child Law Advice. They do have a telephone helpline which you can reach on 0300 330 5480. In addition, they offer helpful information and guidance for parents/carers in your type of situation and have ‘how to’ guides that you can download for around £2 each. Please do check out their website.

• Advicenow is a website that helps you find the best information and advice for your legal problems. You can choose from a range of categories, such as divorce and separation, child custody and residence, and more.

• Both Parents Matter is a charity that helps parents (regardless of marital status or gender) navigate family separation and maintain contact with their children. It offers information, advice, support, and advocacy through a helpline, online forum, and branches across the UK

• Rights of Women. Their family law telephone advice lines can advise you on divorce, cohabitation, parental responsibility and arrangements for children, domestic violence and abuse, finances, and property on relationship breakdown, and more.

If you need to make an application to court without a solicitor, Support Through Court may be able to provide practical and procedural support (but not legal advice)

I hope this is helpful.

Best wishes

Suzie