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Legal matters

Court Worry

4 replies

Mayomum · 28/02/2012 01:02

My child's father (never cohabited or married) has legal aid to take me to court for PRR's and child contact. I don't get legal aid and I have been trying to get this resolved, but CF is being unreasonable. I made a referral to the contact centre when MC was ready to start contact again, but only if it was supervised. His legal aid wouldn't pay so I offered to pay half the costs. This happened all of 3 times then he instructed his solicitor again.

I offered mediation and his demands were extremely unreasonable considering the background to this. I then wanted to use the "direct contact with children" service in mediation, but he refused to agree that our child who is 10 yrs old have a say in future contact.

He threatened court action if I didn't agree to what he wanted, but out of the blue (after 2hrs) he agreed my proposed contact. All that was left was to attend a 2nd session to get the verbal agreement written down and signed.

He then cancelled the next visit at the contact centre (to be unsupervised along with other families), and a few weeks later cancelled the 2nd mediation session without giving a reason. He has attended subsequent fornightly visits.

Now I find out I've to pick up a letter from his solicitor. It seems he has no intention of continuing with mediation, or getting the verbal agreement signed, and wants to go down the legal route, which will cost me thousands.

I've sent my oppositions to legal aid, unfortunatley I no longer have a solicitor since it was too costly for me. I've asked for a letter to be sent out asking him back into mediation. Can anyone tell me how I can stop it costing me anymore money? How easy would it be for me to represent myself? I also would like to know what would be the likely outcome if it does go to court? Will the sheriff be interested in how proactive I've been, and how much will he listen to a 10 year old child (mature enought to have a solicitor)?

I fear that the sheriff will agree to what CF wants, even though he changed his mind about my proposal. There has been no charges brought against him due to lack of evidence (reason contact stopped), although years ago MC witness domestic violence against me. Will the sheriff take all this into account?

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mumblechum1 · 28/02/2012 16:37

Sorry, can't advise as I see you're in Scotland, but bump for you. In England, legal aid is usually only issued if mediation has failed.

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balia · 28/02/2012 20:36

What about contacting Families Need Fathers? Despite the name they give great legal advice and support to anyone in this sort of difficulty and they have a helpline and local meetings. They can put you in touch with a McKenzie Friend and guide you in Self-repping - my DH did this despite being absolutely terrified and it isn't as bad as you might think.

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planetpotty · 28/02/2012 20:52

What balia said! In fact I could have written that post Wink

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Mayomum · 28/02/2012 23:27

Many thanks, I will give "Families Need Fathers" a try. I'm all for him getting visits outwith the contact centre, but he shouldn't be allowed to play games like this. He shouldn't give me false hope and then put me through court action.

I've never heard of a McKenzie Friend, but I will try anything to ensure a reasonable outcome for my child that doesn't put me in financial dire straits. I can't believe he can be so callous, surely he knows that by doing this he will be depriving his child. I get a £5 per week contribution from him, which doesn't go far.

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