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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After using a solicitor for some time who was more concerned

Customer Question

After using a solicitor for some time who was more concerned about my daughter mother than about what was best for my daughter and myself, I was told about and transferred my case to another solicitor who worked very well for me.
With a court contact order being broken AGAIN by my daughters mother I returned to my solicitor to find that she has moved to different firm. They would not tell me where she had transferred to, but through a friend I manager to track her down. The firm she did work with have advised that they will not transfer my file to the solicitor I want to use as this is against their company policy. Not knowing my legal place, I did tell them that the contact order had been broken again and they wrote to her solicitor, that was 1 month ago, the contact order was again broken this weekend and all they are prepared to do is write another letter. In one month they have failed to follow up the break in the contact order no only that the solicitor in the firm has changed YET AGAIN.
Am I stuck with this firm, or can I take the case to a solicitor of my choice, as they are failing to act efficiently and effectively on my behalf.
I Just want to spend time with my daughter and I want a solicitor to fight for my rights - so is it not my right to choose what solicitor or solicitors firm I wish to use?
Submitted: 2 years ago.
Category: 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.
Do you have the benefit of Legal Aid?
Are there any outstanding bills?
Clare
Customer: replied 2 years ago.

Thankfully I am now receiving legal aid and there are no outstanding bills/balance with the firm.

Expert:  Clare replied 2 years ago.
Hi
So the old solicitors are holding a Certificate in your name?
Have the new firm confirmed they are willing to take you on?
Clare
Customer: replied 2 years ago.

No idea what you mean by a certificate

Never worry, clearly the law only works when you know how to work it

Contact order broken by the childs mother time after time after time and nothing done - i get in bother for leaving the child back 5 mins late due to traffic.

I understand fathers have no rights in the UK so never worry about my question

Expert:  Clare replied 2 years ago.
Hi
They do have rights - and enforcement of orders is much better than ever before!
Are the new firm willing to take over your case?
Clare
Customer: replied 2 years ago.

Not now the old firm have advised that they will sue for breach of contract - even though I went looking for her and found her through a mutual friend - but because she worked in the old firm if i get my file transferred they will sue if she takes the case on.

So I am now left that I will have to look for another solicitor who will possible fight for me rather than bow to and accept her constantly breaking the court order.

And while I appreciate you saying fathers have rights - my daughters mother broke the contact the first day of the summer holidays and has now taken her away for a week therefore I've lost 3 more days contact that I will never get back as the solicitors firm I am working with say that this is not enough to get legal aid to get it back to court.

So either Northern Ireland legal aid and the law just suck or fathers have more rights in the mainland - cause they certainly have no rights here!!

But thanks again, but I think I have to accept that no legal help will assist me in getting more time with my daughter - I'll just have to wait to her mother stops mentally abusing her or to she 16-18 to spend more time with her

Expert:  Clare replied 2 years ago.
Hi
Would you be willing to do it yourself (as everyone here on the mainland now has to do - and they are succeeding)
Claee
Customer: replied 2 years ago.

Do what myself??

The solicitor won't even release the file to me to pass to another solicitor, as there is confidential information in it relating to my ex's other 2 sons, who funny enough have never known or seen their father. Difference is, which annoys her, I keep fighting to see my daughter.

Northern Ireland must be different - you can't go to high court without a solicitor/barrister yes the case is in high court as she kept ignoring with the court orders.

High court has made no difference to her complying and this far down the line she still gets away with it. But i break it once and the police are at my door - its a joke.

There is clearly no way round it - thanks, ***** ***** is I have no rights and regardless what I ask the solicitor to do - they tell me no and do their own thing.

Oh to be a mother in Northern Ireland - you can do what you want and get away with it, sure over here a father is nothing

Expert:  Clare replied 2 years ago.
Hi
I have been trawling through the legislation and it does indeed seem that you are trailing a little ben=hind the mainland in terms of the effectiveness of enforcement HOWEVER you CAN still make applications in Person to the HIght Court if you wish- although it would be a perfectly proper use of Legal Aid to enforce the order
Clare

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