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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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there, I am in battle with my ex wife over the child contact

Customer Question

there, I am in battle with my ex wife over the child contact order 23 months old of son.
Family support worker and social worker recommended in her report there should be no further contact with child at this time because the child was to emotionally distress and not in the best interest of child to continue with contact with me at this stage until 3 years.
The child is too emotionally attached his to mother, however if mother is present during contact session the child is fine but mother refuse to do that.
The magistrate Judge favour it and refused the contact order until he's abit older and banned me from further application.
Do I have the right to appeal this decision whether i can succeed in an appeal.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** *****
I will do my best to help you but I need some further information first.
When was the Order made?
How long have you been banned from making a further application for?
Clare
Customer: replied 2 years ago.

just last week,

banned from 18 months.

Expert:  Clare replied 2 years ago.

Did you ask to appeal?
Clare
Customer: replied 2 years ago.
I didn't ask.
Expert:  Clare replied 2 years ago.

What evidence was given at the trial?
Clare
Customer: replied 2 years ago.
Soical worker and family worker gave evidance
Expert:  Clare replied 2 years ago.

Did you and your ex give evidence?
Were you able to Cross examine the Workers?
Clare
Customer: replied 2 years ago.
I and my wife did not give evidances however my barrister briefly cross examine the workers.
Expert:  Clare replied 2 years ago.

Does your Barrister believe that there are grounds appeal?
Clare
Customer: replied 2 years ago.
He's not too sure, because he's not very experience in family law
Expert:  Clare replied 2 years ago.

I am sorry - are you saying that he did not have any experience of such work?
May I ask why you chose him?
Clare
Customer: replied 2 years ago.
The claimed he had family experience but it turns out he didn't, hence the cheap rates he charged. So I was mislead. Now I don't trust his directions.
Expert:  Clare replied 2 years ago.

Why did you and your ex not give evidence?
Clare
Customer: replied 2 years ago.
It wasn't required and judge didn't say so
Expert:  Clare replied 2 years ago.

It was your application - why did your Barrister not wish you to give evidence?
Clare
Customer: replied 2 years ago.
I'm not sure why, what evidence can I give apart from written statements.
Expert:  Clare replied 2 years ago.

You are going to have to make an application to appeal
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
You will need grounds on which to appeal - other than the fact that your Barrister was not very good.
The reasons refusal of contact are arguable and you may well be able to challenge them
You will however need to get some face to face advice from an experienced barrister
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Ok will the other side contest the appeal, also my wife was covered by legal aid,will she continue to receive legal aid to contest the appeal. If I lose the appeal would I responsible side legal cost
Do you know any good appeal family barristers
Expert:  Clare replied 2 years ago.

She will get Legal Aid to deal with the Appeal - which will no doubt be contested
You may be liable
This Chambers may be able to assist
http://www.4pb.com/
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Could you tell me how much is the court fee to make an appeal application
Expert:  Clare replied 2 years ago.

£235
Clare
Customer: replied 2 years ago.
Can this fee be exempted?
Expert:  Clare replied 2 years ago.

If you are eligible remission then yes
Clare