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University support - dad estranged from son

  • daisygreen
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04 Aug 10 #217583 by daisygreen
Topic started by daisygreen
I'd be grateful if any advice could be offered please.
Got divorced in 2007, the terms of the divorce stated the children would receive financial support through school - I did ask my solicitor at the time about support through uni and she said we could deal with that later, foolishly as I wanted it all to go through quickly I agreed. Eldest turned 18 earlier this year and is heading for uni this year. Original solicitor mentioned section 1 of the 1989 children act and legal support in his own right to proceed with getting finacial help from his dad. Unfortunately his dad has chosen not to have any contact at all with him for the past 2 years. Fast forward to now and an approach to a different solicitor today the original one suggested for legal aid representaion - I was told an application should have gone in before he was 18 - anyone got any experience or advice please?? He's an A grade student and likely to undertake a 4 yr degree in London. I've written to his dad trying to appeal to his better nature - true to form I've heard nothing.HELP!!!

  • TBagpuss
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04 Aug 10 #217591 by TBagpuss
Reply from TBagpuss
If you were making the application you would have had to do so before her was 18. As he is now an adult, your son would have to make any claim directly, himself.

The relevent Law is still Schedule 1 of the Children Act, but it is s2, not s1 of the schedule.

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05 Aug 10 #217810 by daisygreen
Reply from daisygreen
Thanks TBagpuss for your input, unfortunately due to the wording of the Consent Order nothing can be done. I can't afford to take it all back to court either.If an application had gone in before he was 18 it would have been different. The solicitor suggested we try to appeal to ex's better nature - unfortunately he has none.
Happily he's a clever lad and will learn to manage his money carefuly.
Its painful his dad cares so little - only last night I had two people tell me spontaniously how much they think of said son.

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