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Hi guys,
My ex has recently decided to stop my contact with my daughter, and has told me to take her to court if I want to see her again.
Now, I’m just above the threshold to qualify for any help with court fees.
I was wondering whether it’s possible to request that my ex must pay towards the cost of the fees (perhaps in the form of compensation once and order has been set up). It seems entirely unfair that she is holding my daughter and I must be the only one to pay out to get it sorted.
Hi there
There is no threshold to qualify, legal aid for private family law cases was stopped in 2014. The only way to qualify would be if there was any proven history of domestic violence.
Again, costs are so rarely awarded in family law cases, that it would be pointless applying. The applicant is the party responsible for paying the fee, as it is this party that is instigating the court proceedings.
Before you can make an application, you are required to attempt mediation. If that fails, the mediator will sign the form to enable you to make a court application for a Child Arrangements Order. If you're on a low income, you might be able to get help with the cost.
If you're on a low income you might be eligible for a part or full exemption of the court fee too, and you would need form EX160 to apply for it.
In the meantime you could try writing to her to ask for contact to be restarted... explain that it's not about what you or she wants, but what is best for your child and that's to have both parents involved in her life. Tell her that if she won't reinstate contact you will have to start the process of mediation and if that fails, you would have no other choice but to apply for a court order. Keep it civil, non threatening, but firm and state that if you haven't had a reply from her within the next two weeks, you will take it further.
Best of luck
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