[Solved] Advice on a few life changing matters

ah, just seen yoji's post - and I will indeed confirm that using a solicitor to go to court can cost a lot (tens of thousands in my own case). I'd have a look at yoji's posts in the legal section on representing yourself in court. We can certainly help on here, and we can call on the help of the Coram Childrens Legal Centre for free legal advice (but not if you have your own solicitor), or another option os to use a solicitor for advice but do the majority of the work yourself.

[hide] His grandparents live in the the same town as my son. We actually moved to the place where she wants to move to and it didn't work out and moved back to our home town. So yes he did move school but he was around 4. I just don't know where to goto for straight facts that are legitimate and for her to listen. [/hide]

Giving what you have just said I could just go the first time and do the rest myself...or use them just for advice. I'm educated to represent myself giving the right guidance....

yep, I think that's a sensible way to do things. Ther's a few dads on here who have represented themselves either from scratch, or after having initially used a solicitor. There's also cases of people who have had solicitors where the ex has, seemingly, simply acted in a way which is bound to increase the dad's legal costs which can make it virtually impossible to continue the proceedings.

Scary what can happen... thanks though

[hide] So what are the solicitors actually going to advise me. I know it's a hypothetical question but will she state the legal options I could pass onto my ex. The sort of thing I'm thinking of is presenting myex with a few facts that if she is still going to move she needs to consider x, y z [/hide]

[hide] it's tricky to say what they are going to say - what I would say is to put together exactly what you want to tell your ex and then take that along with you and discuss your options and their opinions. Make it clear to them that you will be doing pretty much all of the work yourself so there's no misunderstanding of your solicitors role. Make sure you take a pad and pencil and make plenty of notes, and if there's anything you are unclear about, ask them to explain until you are clear [/hide]

[hide]Hi Horizon,

And equally just to add to actd's post (and you've probably thought of this already) is to consider what evidence/reasons you are going to present and how a panel would view this in Court. In my opinion stability, continuity (in education and home area) and support in maintaining the relationship with your ex should you win custody should be the cornerstone of your argument.

Courts are getting more towards this these days of course after the points of the Childrens Act

Good luck and keep us posted :)[/hide]

[hide]Couldn't agree more with you on those points and this is the argue I will put forward....

Thanks again guys[/hide]

[hide]How quick can I apply for a application for residence? How quick does it come into effect? I'm seeing my solicitor next week but was wondering whether to tell my ex that I am going to apply for one if she continues to move..[/hide]

[hide]Hi horizon,

For Residency it can sometimes depend on the circumstances... for example Residence can be specified to transfer from a certain date (usually done as an amicable arrangement X weeks down the line) or in some cases the recommendation can be immediate. Your case would in my experience not be an urgent case.

Therefore the time range for Residence Applications can be between a few weeks up to quite a standard 6wk.

Often if it is at the stage where Residence is contested an appointed date at the CDRH (Childrens District Resolution Hearing) will take place, this is the initial hearing and it can then continue on for numerous hearings before a Final Hearing.

Now what i can say is that given your situation its likely that a 6wk appointment will be followed.

Note: all these applications are seen on the day of receipt by a Judge who can then bring the matter forward to be heard earlier than 6weeks or in the most extreme circumstances on the day [/hide]

[hide]Hi Guys,

Ok Ive had my meeting and told me what I already knew so I could get an appliaction out within 24hrs if I need to, so thats one good thing.(Thanks Yoji)
The solicitor thought I had a good argument as to why I would want to follow these steps, but she was concerned a little as my son was born a month before December 2003 making me not have parent responsibility. But the court would look at my involvment me and my boy have together etc.
She said this couldn't stop me from filing for an application but it is an obstacle.
Also with the mother not coming to a compramise and not having a job, school to go to the court will wonder how this is all in the childs best inteterest and how a move would endure he still had sufficient contact.[/hide]