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Hello all this is my first post here so here goes.
To cut a very long story short I lost access to my son because I failed to keep up mutual maintenance payments between me and my ex partner. We had a dispute over payment amounts and it ended badly against me. She got the CSA involved and they started taking money off me. I have absolutely no problem paying my way, the problem I have is the way she took my flesh and blood away from me for the sake of a few extra pounds.
I've been unemployed for 12 months and I'm claiming job seekers allowance. The CSA are taking payments out of my job seekers claim which I have no problem with. I've tried taking her to court by claiming legal aid but legal aid doesn't cover family issues. Is there any possible way I can get access to my son without needing 1000s of pounds for court fees??? Help greatly appreciated
Hi
In order to go to court, you now have to have tried mediation first, and there is legal aid for that still - try www.nfm.org.uk
If that fails, then you can go to court and self represent (plenty on here have done it) - the court fee is £215, but if yo unemployed, I think that may be waived.
Thanks. I've applied for mediation help from moorcrofts via their website. They should be in touch tomorrow hopefully.
Contact and maintenance are separate issues - in as much as one should not affect the other. Your ex should not be withholding contact because of the amount of maintenance you pay not being up to her expectations.
My ex took me to the CSA despite every effort I made to come to a mutual arrangement with her. She cancelled contact with my son after I offered her an amount that she baulked at. I ended up in court.
Most people on here self represent I would say. Not through choice I would add, but more so because of finances. A typical contact application is likely to see you have at least 3 separate hearings if there are allegations of DV, maybe less if you are lucky. And a solicitor or barrister for 3 hearings is going to run up somewhere in the region of £4 - 5 k easily. It's money most people don't have. Hence the litigant in person.
I'm on to my 3rd hearing now, and have so far self repped, and picked and chosen when to pay for specialist advise along the way. Save your money for the final hearing if you can, as that's the one where you are most likely to need a barrister.
In directions hearings they don't really last so long. As long as you have a good position statement and have prepared well you can get some interim contact ordered hopefully, and progress from there.
I think the speed at which these cases are settled are in part determined by what the ex's position is. If you have allegations of DV thrown at you, prepare for a long battle. If you don't then it's probably going to be quicker and more straightforward.
Good luck all the same.
Simon.
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