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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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hi there,myself & partner are currently fighting a residency

Resolved Question:

hi there,myself & partner are currently fighting a residency order for our son at blackpool county court,my partners mother currently has a tempory residency of our son,myself & partner have been told we cant get legal aid in this matter but my partners mother is getting legal which myself & partner dont underst,and how she is getting legal aid,myself & partner are representing ourselfs in court and it seems one sided as we dont have legal representaion,can anyone help myself & partner?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your son and how did he come to be living with his grandmother?
Clare
Customer: replied 3 years ago.

thi there,thanks for your response,my son is 3yrs old,he is living with his grandmother at moment as she has applied for residency and she got our son on a tempory order at moment,final hearing for the case is on the 14th july 14 at blackpool county court

Customer: replied 3 years ago.

myself & partner moved back to scotland with our son,our son is 3yrs old and he became living with his grandmother,myself & partner have been together for 4yrs now, my partner is on the sex offenders register due to myself being 15yrs old at the time at the time our son was conceived, and thats the grounds the grandmother has into getting the interim residency order, there was a section 7 report done and sent to the court in out favour, but grandmothers solicitor is now wanting to question it in court,the section 7 report states that our son should be returned back to us,the grandmother is getting legal aid due to my partners conviction which l dont think is right myself & partner arent represented in court as we arent getting legal aid which is making it a one sided case as we havent got anyone in court to speak on our behalf .

Expert:  Clare replied 3 years ago.
Hi
We're you living with the grandmother before the move to Scotland?
What contact are you having with the child.?
Why are you paying a Scottish solicitor rather than an English one?
Clare
Customer: replied 3 years ago.

hi,my partner was living with her mother,our sons grandmother before my partner moved up to scotland to be with me,we have contact with our son every 2wks at the moment while this court case carrys on,im paying for a scottish lawyer as ive phoned around english solicitors and are expensive,for instance the last one l phoned in england wanted £2000 from now until the 14th of july,the final hearing for the case is to last a day and a half,we dont understand how the grandmother is getting legal aid for the case when weve been told we cant get legal aid for this type of case but the grandmother is,we are on income support and struggling to pay legal fees.

Expert:  Clare replied 3 years ago.
Hi
When did you move to Scotland?
When was the Section 7 report received?
Clare
Customer: replied 3 years ago.

hi,ive always stayed in scotland,l went to blackpool to visit my brother in 2010,while l was down l stayed there for about 6mths when l met my partner who has stayed in england all her life,my partner was 15yrs at the time our son was concieved,because she was 15yrs at time l was convicted and recieved a 2yr prison sentence which ended in feb 2013,l got back in contact with my partner in march 2013 and started to go visit then l decided would move down for a short time to rekindle our relationship which we did,l decided to move back to scotland in november 2013 and my partner came with me with our son,the grandmother decided she would go for a residency order which was heard in court on 17th dec 2013 and the grandmother has got a interim residency while reports and acessments are done,these have been done for the 25th mar 14 court hearing which is the section 7 report which recommended our son is returned to us,the grandmothers solicitor has ask for the s/worker and report to be questioned which is to be heard at the final hearing on 14th july 2014

Expert:  Clare replied 3 years ago.
Hi
Have there ever been any Care proceedings?
Clare
Customer: replied 3 years ago.

l dont understand by what you mean care proceedings,can you elabirate on this as im trying to explain as much as l can,our son has never been in care or been under any social work order if this is what your meaning,thanks

Expert:  Clare replied 3 years ago.
Hi
No thats fine - that is the answer I was looking for!
The only basis on which she could have obtained legal aid is because of your conviction - however your solicitor is entitled to write to the Legal Service Commission on the basis of the Section & report and query why the funding has been extended
However if she retains the funding (as I suspect she will) then you could consider using a Public Access Barrister for the hearing
It would be something that you would have to pay for but it would be limited to the hearing only
You can read more here
http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
Please ask if you need more details
Clare
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