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I know only I can make the decision myself though it would be good to get other points of view on this. I am stuck on deciding if to throw in the towel or give court another go. As some of you may know in 2011 I was faced with a draconian court decision where I was told that even though the court recognizes that the mother and grandparents are negatively influencing the child they can't assist me. Saying it will have a detrimental effect on the child if proceedings continued. And they can't force my ex to promote contact nor force her to like me. so I was left with just indirect contact 3 times a year on till my son is older. Since 2011 I have failed with 2 fresh applications. I am now reluctant to go back to court because I feel the odds of success are stacked against me more than ever. because I am up against a very devious former partner and her father. also ive been told that if I was to go back to court I would have to make it count because there is a massive risk of the court barring me from further future applications. I don’t think I have the confidence in repping myself this time around at such a crucial time. In my view for me to make an impact I would have to use a solicitor or barrister and fork out lots of money. So the pressure is on me now. My head is all over the place at the moment.
Views on this would be kindly appreciated
who told you there would be a massive risk and you may get barred from future applications? How old is your son? He is older now and that sounds like a right load of [censored] what the judges ordered in 2011, lets hope you get a decent Judge this time round I'd go in there all guns blazing what have you got to lose? I'd go for it I think you may be surprised at the outcome, I'd go it alone to you can get all the help and support off this site, never throw in the towel man that is never an option 🙂
Mr Slim
A few solicitors have said that I could be barred from further court applications. My son is nearly 11. I am picking up a FM1 form next week because the EX has refused mediation. I'm not sure if Ive got the confidence in repping myself again I'm partly blaming myself for the past court failures. because maybe i could of represented myself better.
Hi Jasey,
I have seen you on the board so am somewhat aware of what youve been through and feel for you mate.
There are instances where you could be barred from making further court applications in that you may have to seek permision of the court to apply.
My understanding is that this is designed to be used against vexatious litigants who make applications to harrass the person they are litigating against.
I would be really disappointed to hear that used in your situation.
Dont beat yourself up as you did all you could at the time and it seems bizzare that your former got this far without some sort of action being taken against her.
The only thought that I have had and it is left field is set up some sort of "fundmy" page so that others can contribute to your legal costs or look for free assistance.
I dont know if it helps but ou could try - http://www.adviceguide.org.uk/wales/law_w/law_legal_system_e/law_taking_legal_action_e/help_with_legal_costs_-_free_or_affordable_help.htm
Has your case been taken to a higher court or can it be taken to a higher court?? I am not sure.
How did you fail in your previous applications? How can we help you? If there is anything that I can do, reach out.
Regards,
Dave
Yeah Solicitors are good at scaring the s**t out of you so you go running to them, At least you know the process now, to be honest a solicitor will just rinse you ££££'s and drag it out longer, you're older and wiser now and the laws have changed a little so I think you will be fine, Thats good she's refusing mediation at least that wont cost you a fortune, Like I said you will get awesome support from people on here every step of the way, If you've got deep pockets go for it but you might as well go it alone and save yourself a fortune, most solicitors I spoke to said you'll be better of not using them lol although you could try a mckenzie Friend who are cheaper.
It sounds like you're already moving with the courts and you know what to do, go for it man 🙂
It's tough for you Jasey...and none of us would want to advise you to give up trying.
Barring Orders are made only exceptionally and even then are often overturned on appeal.
Have you ever appealed the courts decision for no contact in the past? I think if you do have another go at it and it fails you would be better to appeal and try and get it in front of a higher court. Have you every used the Human Rights Act in any of your cases? This might be something to look at.
Best of luck to you mate.
Personally, I would rather that the court barred you than you barred yourself - though to be clear, I don't think they should bar you at all. Since the court agreed originally that you should have contact except that they couldn't force the mother to promote it (which surprises me that there isn't a penalty imposed, or at least threatened).
The simple fact is, apart from the application cost, you have absolutely nothing to lose by trying again, as opposed to giving up the fight - at least you can stand tall knowing you did everything possible (and prove it to your son when he is older), and you may just get somewhere.
dan2k7
I feel I badly represented myself last time because my application got dismissed and i blame myself for that. Maybe I'm being harsh on myself ?
Mojo
I have never appealed any court decisions in the past, because I was told that court appeals are rarely successful.
How would I get it to an higher court? And is the court fees much higher for that?
I have never used the human rights act in court- Which part/s you recommend I use??
Thanks
Mr Slim
Cheers fella for your kind and motivational words- I feel a uplift from you. I am looking to use a mckenzie friend next time,
But I am struggling to find a good one at the mo.
Thanks
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