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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my son is fighting a case to get to see his daughter we fill

Customer Question

my son is fighting a case to get to see his daughter we fill his solicitor not doing enough the last time we went to court in march his ex didn't turn up so a new court case is set for this month he was told at court that if she didn't turn up this time she could face imprisonment and she had to pay all costs now the solicitor has told us she has not replied to any letters now he has to pay another £5oo to keep the case going because shes not payed that will now be about £2000 we fill we are not getting anything from the courts
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. How old is the child.
What contact is he requesting?
What was the last hearing called and what actually happened.?
Clare
Customer: replied 2 years ago.

hi my son and partner broke up last may, she said we could all see Kelsey which was 2 at the time, when ever any of us asked she made excuses, so my son decided he would have to take it to court, in march she didn't turn up, nor go to admediation, the court said she would have to pay court cost, also she had to turn up in court, so my son thought the courts were sending a letter to her,we have a court case again on Friday, but the solicitor said she sent letter but has:nt heard from her,she is asking the courtto put her on notice that she will be in contempt of court if she does not attend this hearing, which my son got told this was happening after march hearing, so my son knows she wont be there fri, but he is having to pay all this money out. but kaffcus and courts know she has done this before with the father of her eldest daughter, she wouldn't turn up for court until they threatened her with prison. so it seems as though we will never see her, she is 3yrs 6 months now, my son was asking to have her sat or sun at first hope this helps

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the order that was made at the last hearing?
What exactly does it say about her attending the next hearing?
Clare
Customer: replied 2 years ago.

I will speak to my son and look for the letters

Customer: replied 2 years ago.

liam was sent a letter from solicitor on the 30th april, with a copy of letter sent to miss mason, mother of Kelsey, it says as you know I client made application in court for contact. at uxbridge county court on 28th march, as you did not attendthe hearing the court made an order in your absence. the court requires you to attend the next hearing, if you do not attend the next hearing you will be guilty of contempt of court and maybe sent to prison.she was also ordered to pay our clients cost for wasted hearing.it also says the adjourned hearing for this matter will be heard on 29th august at 11;00am, failure to attend may result in an order being made in your absence.my son has;nt heard from his solicitor until this week, the letter states she has ignored there letter, she has;nt replied to anyone, its annoying as my son had to pass more money which adds up to £1800, so now we know she wont turn up Friday, so he will have to find more money, and the main thing he still wont be able to see his daughter, which in the end is going to be very hard for Kelsey, also she wont remember him.

Customer: replied 2 years ago.

hi the letter sent to Kathryn on 30th april says as you know our client made an application in court for contact and the matter was heard at uxbridge court on the 28th march.As you did not attend the hearing the court made an order in your absence.You will note that the court requires you to attend the next hearing.if you do not attend the next hearing you will be guilty of contempt of court and maybe sent to prison.you have also been ordered to pay our client costs in relation to the wasted hearing. we have therefore prepared a costs schedule and would be grateful if you could confirm that paymentwill be made to us shortly.then we received letter from solicitor on the 20th aug. we write further to our letter dated 30th april, we note we have not heard from you since.we therefore enclose another copy of the letter, a copy of court notice dated the 17th april, a copy of our schedule of costs made in line with the court order,we would like to remind you that the court order made 28th march makes it clear that you must attend the next court hearing in person,if you do not attend you will be guilty of contempt of court and you may be sent to prison.we also request that you provide payment of our cost by the next court hearing listed for the 29th aug,

Expert:  Clare replied 2 years ago.
Hi Jeannette
I promise you she wil not have forgotten him - though she will be shy at first.
One of the major issues in family law at the moment is how full the court days are making every case take way too long.
However frustrating it is your solicitor is in fact doing their job ( although in all honesty your son could have followed the process himself equally well)
At the next hearing if his ex does not turn up then it is likely that there will be a short adjournment - a week or so - and then his ex may well face being collected by the bailiffs and the police if she does not attend.
Also the court may order that contact begins immediately in any event
I know that it is a problem that so many chances are given - buts I also know that in the end your son wil be successful
Do please ask if you need further details
Clare

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