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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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My ex wife refuses to let me see my daughter,i took her to

Resolved Question:

My ex wife refuses to let me see my daughter,i took her to court to obtain a contact order at which point,after a long period of separation she made a series of accusations against me.I reported her to my gp.the police and also social services.The police & social services investigated and found i had nothing to answer to due to a lack of evidence & the fact the allegations were historical. I defended myself in court but due to the nature of the allegations i was advised to get legal representation.I was advised this would be a lengthy and costly case of which i cannot afford.I provide maintenance for my daughter every month.What can i do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 the child and when is the next hearing?
clare
Customer: replied 2 years ago.


isabel is five years old


 


i cannot afford to go to court,ihave no legal aid

Expert:  Clare replied 2 years ago.
Hi
When was the previous hearing?
Clare
Customer: replied 2 years ago.

december 18th,2013

Expert:  Clare replied 2 years ago.
Hi
What was the actual outcome of that hearing?
Clare
Customer: replied 2 years ago.

Because of the nature of the allegations it was going in front of a judge,barristers.i had to cancel the next date in court as i could not afford a lengthy legal battle

Expert:  Clare replied 2 years ago.
Hi
So there would have to be a Finding of Fact hearing is that right?
When you say you cancelled it - do you mean that you withdrew your application?
Clare
Customer: replied 2 years ago.

I attended the initial court hearing which was brief,my wife had a solicitor,the clerk advised me to get legal representation.i then received a statement from my ex wifes solicitor full of rambling allegations(in which she admitted to a breakdown)on getting legal advice i was told that this would be a lengthy and expensive case.i then cancelled the next court date as it was imposdible for me to afford it

Expert:  Clare replied 2 years ago.
Hi
Yes but when You say cancelled what do you mean (this is important)
Do you mean you asked for that hearing to be adjourned, or that you said you no longer wished to proceed with the application
Clare
Customer: replied 2 years ago.

I notified the court and her solicitor thst i would no longer be proceeding with my application for contact as i could not afford to hire a barrister.i have parental responsibility,which i exercise for parents evenings etc,why can i not see my daughter when i have done nothing wrong?

Expert:  Clare replied 2 years ago.
Hi
Right - so the court send you a Notice that the Application was dismissed and the case closed is that correct?
Are you now willing to try again?
Clare
Customer: replied 2 years ago.

Yes that is correct,i just need to know what my options are,if my only option is court i will have to think about it.my daughter means everything to mr,but i cant afford a legal bill

Expert:  Clare replied 2 years ago.
Hi
I am sorry but yes your only option is to take the matter back to court and deal with the Fact Finding hearing to deal with these allegations once and for all
You can deal with as much of the paperwork as you can yourself and simply hire a barrister for the hearing if need be
I am sorry not to give you better news, please ask if you need further assistance
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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