Choice of court (family law question)

[Christmasinthejungle]

Argh!

Ex and I are having ongoing difficulties over contact with our daughter. He was abusive during the marriage and since we split has been abusive to me in front of her on several occasions (documented). I want to ensure a period of supervised contact before moving to any further unsupervised contact. Ideally I want my daughter to have a relationship with her father but need to make sure it is safe for her and me. I'm self representing so have read up a fair amount but am stuck on this point: He has applied to the court nearest to him which is going to make life annoying for the court appearance (ensuring child care for example) and I'm worried that they will specify a local contact centre to him which I will have to take her to. It may only be an hour away by car but I don't drive and although I can get a lift for the court appearance I can't rely on friends for regular lifts.

So, my question is, I'm sure I've read somewhere in the that the application should be made to the court nearest to the child but I can't find it anywhere and am not sure if this is just guidance or something that would be worth me objecting to?

Thanks!

[EllenandBump]

My solicitor told me that the court proceedings would be issued in the court closest to where the child is residing, so closest to you as would the contact centre. I am also just out of an abusive relationship but have a solicitor. Are you not entitled to legal aid? x

[Christmasinthejungle]

No, I'm in the fortunate position of earning too much (plus have some equity in my house) but in the unfortunate one of really not having enough to afford legal fees. I've had a free appointment which was helpful but this point hadn't arisen at that stage so am seeing if I can work out what to do without having to go back and start being charged £160 an hour! I may need to take his advice at another more crucial point if you see what I mean and need to save my limited funds for then.

He has already applied to the court nearest him. If your solicitor says it should be in the court nearest to where the child is residing then do they check on the application form and if so how has it slipped through? Can I simply call up and get it changed to the local court? Even moving to a half way point would be better!

[EllenandBump]

He may have put on there that the child is residing equally with both of you although not true, maybe you should go to citizens advice, they can also give you legal advice or a law centre, that can give you some free Advice also. Seems so unfair. I would phone the court and please get a solicitor before going, this is important. You could check online too though! x

[STIDW]

YOu can ask for the case to be transferred to the court local to where the child normally lives.

[mumblechum1]

It should certainly be dealt with in the court with geographical jurisdiction for the child.

[EllenandBump]

So my solicitor was right. x

[Christmasinthejungle]

Great! Can i ask for the move prior to the case? Will he have to reapply again or will they move it automatically? Would serve him right if he had to pay the fees again!

[EllenandBump]

Think so. Contact the court, they would be able to tell you! Would serve him right.

[Collaborate]

If I were you I'd write to the court NOW asking that your letter be put before the judge prior to the first hearing. ONLY IF TRUE, explain to them if you would have child care problems. Ask that it be transferred to your local county court (check that it deals with such cases) and that that be dealt with in your absence. IME courts nearly always grant this. He shouldn't have issued local to him, and any delay due to that is his fault.

[EllenandBump]

I would have to agree. The quicker the better. And any delay is his fault. Good luck with it all. x