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Legal matters

Christmas Access legal fees?

14 replies

IanD · 30/08/2011 19:38

Hi my partners ex is trying to get access over the xmas period 23rd 24th 25th december to his son, could anyone tell me what sort of legal fees are required for this?

thanx..

OP posts:

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Collaborate · 30/08/2011 20:52

Impossible to say. £1000 min up to £10k max. Depends what the issues are, number of hearings, how much of the work he's willing to do for himself etc.

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IanD · 31/08/2011 17:31

oh thanx collaborate id no ide it was that much minimum

OP posts:

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mumofsoontobelawstudent · 31/08/2011 18:46

So presumably negotiation has failed to secure an agreement for contact over christmas?
If so, what about mediation before issuing proceedings?

As Collaborate says, impossible to guesstimate what costs will be as it depends on a number of factors and whether CAFCASS involved and are requested to file a report.

If your partner thinks it is not going to be agreed, he needs to be thinking of issuing an application sooner rather than later in order to get it heard before Christmas.

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clam · 31/08/2011 18:52

Do you mean what sort of legal fees will he need (the ex), or what your partner will need to respond?

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IanD · 31/08/2011 23:31

yes clam what sort of legal fees will he need to get it into court? when do you have to apply before its to late for christmas?

thanx..

OP posts:

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mumblechum1 · 01/09/2011 04:54

Why on earth don't they just agree to do one Christmas at mums, the next at Dad's?

I find these Christmas contact disputes really depressing.

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mumofsoontobelawstudent · 01/09/2011 17:45

totally agree with Mumblechum (waves from behind temporary namechange)
clam it will take a week or so to get application issued and then will be listed for a hearing. This could be anything from 1 to 3 months away depending on listing. If your OH and his ex cannot agree, CAFCASS may be asked to prepare a report. This takes 12 weeks, sometimes much much longer. Therefore, unless they can reach an agreement now, he may be best thinking of issuing sooner rather than later

I would always suggest trying to resolve things amicably before issuing proceedings.

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mumblechum1 · 01/09/2011 18:42

Ha! Knew it was you!

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mumofsoontobelawstudent · 01/09/2011 19:26

yes, its meeeeeeeeeee DC1 off to Exeter to read law Need to namechange again soon, its getting a bit boring

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mumblechum1 · 01/09/2011 21:29

Well done your ds!

Does he know what he's letting himself in for?

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Gonzo33 · 02/09/2011 06:17

OP it can take a long time to sort out any kind of contact through the courts, and it can be expensive for both sides.

Why is your partner not agreeable to the children having Christmas at her ex's? Are there any issues of abuse to the children from the ex? If not it might be better to allow it.

My exh and I had an agreement where I had our DS one Christmas and he had our ds the next Christmas. This has only changed because we are currently residing overseas and DS does not want to go back on his own very much.

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mumofsoontobelawstudent · 02/09/2011 07:57

OP sorry, just realised that your partner is the one (presumably) with the residence of the child and presumably is not happy for her ex to have him over christmas? How old is the boy and what has happened previous years.

Most divorced/separated couples fall into the alternate year pattern, one having child(ren) christmas (and a few days before and after perhaps depending on logistics ect)and the other having new year.

Is is not possible that your partner will agree to some christmas contact? It seems a little unfair if not unless there are specific reasons that you have not meantioned. It is sometimes possible to get an emergency application before the court nearer the time but to be honest, it is best to sort sooner rather than later and if your partner's ex seeks legal advice he may well be advised to issue an application in the very near future if agreement can not be reached.

mumblechum I hope so, I have tried warning him but you know what these dam teenagers are like, they just don't listen. I have however steered him away from crime and family. Apparently he is going to be a hugely successful barrister in the city and will ensure that I am in one of the best (why not THE best?) old peoples homes and won't have to worry about living my last years on cat food

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ChocHobNob · 02/09/2011 09:55

I'm not sure I'd agree the minimum is that high?

If self representing it would be ...
£200 to apply to court for the application.
Then depending on mediation costs, if mediation is ordered first.

They would do so much better either agreeing something between them or going straight to mediation themselves. Going to court only to organise Christmas access seems crazy. It'll be Christmas before anything is sorted!