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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 2331
Experience:  Bar Professional Training Course
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FAMILY LAW, BRISTOL, Currentlu in Family court hearing, I am

Customer Question

FAMILY LAW
JA: Where is this? It matters because laws vary by location.
Customer: BRISTOL
JA: What steps have been taken so far?
Customer: Currentlu in Family court hearing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am a SpecialGaurdian of 2 children. I bought a case against the mother for Abducting the children in 2019...the judges are dragging the Case and have since moved away from why I bought the Caseinitially then jion the request for a Molestation Order by my son. So it a joint case against the mother. She made 2 untrue accusations against us during the Case. When unsuccessful she now say she want to remove the SGO and have the children return to her Care!!! She not allowed to have her chilfdren on her own yet frequently can be seen in charge of the oldest child on hermown. For some reason the judge has adjourn the Case several times since last year so she can obtain Legal Aid ...she now got alegal aid Certificate to fund her pychological assessment and i assume she will now get a solicitor ..yet i cannnot.
Submitted: 10 days ago.
Category: Family Law
Expert:  Virtual-mod replied 10 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  ReadyLaw replied 10 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I am here but kindly give me a minute to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 10 days ago.

Thank you for your enquiry and patience.

Sorry to hear what has been happening between yourself and your estranged spouse. You did not say why you were not assessed as being eligible for a solicitor via legal aid. I suspect there is something peculiar to your circumstance why you were so assessed. This does not prevent you however seeking to instruct a solicitor privately if you are of the view that you could benefit from legal representation.

While understandably frustrating I cannot say the judge has done anything legally wrong in adjourning the matter to allow for her to settle legal representation if she has made such an application.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  ReadyLaw replied 9 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice. It will be my pleasure to be able to assist you again. Have a great day.

Customer: replied 8 days ago.
Hi thank you for responding. I am the Special Gaurdian (SGO) in the Case. The children are my son and were taken from their mother in 2015 by the family Court permanently. They found her guilty by neglect of "near drowning" intentionally her second youngest son who was 7 months at the time. I am also the children natural grandmother. Me and my son started a Case in 2019 first to get a Molestation Order against her as she repeatedly goes to his property when he has the children them they always end up arguing causing the police to attend.
The mother position is that we ill treat and kick the children. We were investigated by Social Services and allegations found to be untrue. She then said she wants to remove the SGO and have the children return to her Care.
She will not arrange any contact with me to see her children as she should do.The case has been adjourn several times due to either mother not attending, she went out of UK for bereavement for 2 months, legal aid wasn't applied for until she was Order to get A Physcological Assessment in October 2020.. She now has a Legal Aid certificate in what "Merit"... Is unknown to me.I have try to get legal aid but have been told unless Social Services are in the Case or there Domestic Abuse then I can't get legal aid.We are now in 2021 had 3 hearings on 7th January then moved 8th January ADJOURNED. bew date 15th Jan 2021 at 2pm. At 1.55pm I received an email from Children Case Gaurdian Solicitor that the Case has BEEN ADJOURNED AGAIN!!!, cause the mother has a Legal Aid Certificate and they want time to implement the Physcological Assessment.
Be aware in all those hearing dates I was not welcome into the hearing to hear any discussions or even be invited to express my views on yet further delays in this Case.My burning questions are:
1. I am in the same financial position as the mother being Unemployed. So why has she got Legal aid.
2. There been no domestic abuse in this case as the mother do not live with my son but invites herself to his property where he feels obliged yo let her see the children not knowing she will start an argument with him. So wht can we not or been advise to get legal aid thru the court like they have encourage the mother to do do.
3.The mother orchestrated an attack with 3 of her family ion my son whilst he wslkining the children thru the park. The mother was calling him names in a provoking manner and phone recording this. I found this very disturbing. I present the video evidence to the court in 2019 yet nothing in our favour has been done which could have prevent the mother using her cold, calculated and callous mind to inject into the Case an pervert the Course of Justice plus my ability to safegaurd the children from ever returning to her care.
4. I need a solicitor in this case.
5. Or should I return them to the awarding body bring Social Services as I believe the mother may cunningly win over the judge to have the SGO remived and the children returned to her care.So am in a very serious dilemma and finding it difficult to navigate thru this Case.Can you advise on the number points please.
Expert:  ReadyLaw replied 8 days ago.

Although you have listed your concerns separately, I believe they all point to the key thing being you having been refused funding. There is no basis based on what you have said why you would have been refused funding particularly if your financial circumstance is the same as mother’s. Moreover if you are the SG in a family case this is a type of matter where legal aid is provided for. I would therefore recommend that you appeal/make a formal complaint about the decision not to award you public funding. It may perhaps be easier for you to approach a solicitor who specializes in this area for the, to apply for public funding and if it is reviewed for the solicitor to then appeal the decision. If you do not wish to take that route then you go directly to the legal aid agency to appeal. You must keep a record of all communication with the company so that if the issue is not resolved and you have to escalate you have a clear account of all attempts to have this resolved. The rules require that you complain to the legal aid agency first prior to escalating it to the Ombudsman. If after complaining it is not resolved then you may escalate to the parliamentary ombudsman.

I do not know why you were excluded from the hearing, that is very unusual particularly again as you are the SG. you should be a part of the hearing. Based on what you have said I really do believe in order to ensure that your interest is properly protected that you would benefit significantly from legal representation.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 8 days ago.
I believe you have reaffirm alot of my thoughts as to why I cannot get legal aid. There is an unfair and bias process being deployed in this case.
I have spoken to a few solicitors but they don't have legal aid.Umm! Not sure how to get a solicitor. Are there any you can recommend.Thank you
Expert:  ReadyLaw replied 8 days ago.

Unfortunately I cannot personally recommend a solicitor here. What I can do is direct you to the below link. Select the option family and input your post code. It will bring you to a, list of all your local family solicitors. You may check which does work via legal aid.

https://solicitors.lawsociety.org.uk/

Expert:  ReadyLaw replied 8 days ago.

Thank you again for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice. It will be my pleasure to be able to assist you again. Have a great day.

Customer: replied 7 days ago.
Thank so much. I will let you know how I get on..
Customer: replied 7 days ago.
Did you call me today
Customer: replied 7 days ago.
I have rang 10 solicitors from the link you have sent me. Everyone either don't have legal aid, low capacity or not takin on new cases.Not sure what can do except we start this case... So I should abort it... Is that a possibility. Then where would stand with the mother, psychological assessment process and time into the case.... What do I do???
Expert:  ReadyLaw replied 5 days ago.

Unfortunately I cannot accept personal clients from this site. I did not call either, I do not have your number.

The only other option is to appeal the decision as discussed earlier with you.