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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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I have applied for legal aid for child Arrangement

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Hi I have applied for legal aid for child Arrangement (residence) and Prohibited Steps Order for my child whom I took away from where we used to live with my ex partner (father) without his agreement. I have been under a safety plan and early support under my local authority as I've reported my partner drug use and they've assessed me with an emotional and psychological abuse. But while I was waiting for the application to be approved, my ex partner already had me a court order of child Arrangement and Prohibited Steps Order and I get a notice from Court that they've put a Prohibited step not to take our child abroad until further hearing. And I have a notice that there's a hearing from court I need to attend in the next 2 weeks. What's it that I can do? Should I attend the hearing without my solicitor representing me or is there anything I can do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes I applied to legal aid
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: United Kingdom
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The court from his application said it might transfer case to family court.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Good morning.

Is the hearing in 2 weeks time to attend via telephone or in person?

Have you chased your solicitor for an update as to when your legal aid funding may come through?

It could be sorted by the time the hearing comes around, in which case your solicitor does need to know about the hearing date.

I assume you did not plan to travel abroad in the next two weeks, so the PSO should not prevent you from doing anything you had planned to do?

If your legal aid has not come through, I would suggest that you prepare a short statement setting out the support you have been receiving, and why, and that you will be making cross applications once the funding is approved as you can't cope with facing your ex in court alone.

You could also consider a non-molestation order application if you feel you are at risk of harm.

Your solicitor should be able to advise you about this too - and there is no fee to make it so again if legal aid hasn't come through yet then this is something you could do alone.

I trust that this assists? Can I clarify anything further for you?

Customer: replied 14 days ago.
The hearing is via phone cvp. I've updated my solicitor about it and she said she notified the leagl aid agency that I have an application from my ex to be represented as well. But she said that might take additional time. She suggested I better face the hearing myself alone if the legal aid is not yet ready. And asvised me to make an c100 application by myself to court instead of waiting legal aid.
That's why I'm looking for advise if theres any other option to it. So as you said, in what way am I going to submit the statement to the court? Is it before or on the hearing? I'll apply for NMO thanks that's true.
And one last thing the court didn't send me copy of my ex application form c100? Do I have the right to request for it? To know in what way he has applied for. Many thanks for your assistance. It's very helpful for me.

You should be sent a copy of his c100, the court should send this along with the court order - if you don't have it contact the court.

You could of course make your c100 cross application, you may be able to qualify for help with fees to not have to pay the fee for this.

If you are submitting a short written position statement, you need to send this to the court 72 hours before the hearing (marked clearly with the case number ***** date/time of the hearing) and to the other side 24 hours before.

You could do all of the above, knowing that the first hearing is administrative in nature and that no final decisions will be made. If you have applied for the NMO, and CAO/PSO also, there would be a further FDA hearing in a few weeks I imagine.

I trust that clarifies the points for you.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you very much for your brief and clear explanation. Have agreat weekend.

Very happy to help, you too.

Thank you for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 14 days ago.
That's great. Thank you lots. I'll definitely be contacting you in the future.

Very happy to help.

Customer: replied 14 days ago.
39;If you are submitting a short written position statement, you need to send this to the court 72 hours before the hearing (marked clearly with the case number ***** date/time of the hearing) and to the other side 24 hours before.'
As you've mentioned above, to which side is 72 hours and another one 24 hours?
I have two emails, one is the one the notice has been sent and another is in the notice which I need to send my documents and contact number 24 before the hearing. On which one am I going to sent my position statement and which side is it I need to send 24 hours before as you mentioned. sorry for asking again, it's just that I didn't want to make a mistake.

Sorry if I wasn't totally clear:

Its the same document. You submit to the court via the email address for correspondence 72 hours before to make sure it gets to the judge in time, then send a copy to your ex partner/ their solicitor (this is what I mean by the "other side") 24 hours before eat hearing.

I hope that clarifies the point?

Customer: replied 14 days ago.
it's clear now. Thank you again.

My pleasure.

Customer: replied 8 days ago.
Plclegal I have requested for a court hearing to be adjourned for four weeks for the court to allow me time to get my legal aid application approval 9 days before the hearing and I didn't hear from them neither they couldn't confirm if it's been placed before the judge's attention. 4 days is left for the hearing. What shall I do? I'm worried to face the court without a solicitor as domestic abuse and drug use is involved with the Applicant as I mentioned in my previous query. Please advise me if there's anything I can do. Thank you

As you have already applied to adjourn on paper, you can make the application again orally at the court hearing before the judge.

You can state that you will not be able to have a fair hearing unless the matter is adjourned, and that a 4 week adjournment is not going impact that severely on the court timetable but it will allow you, a vulnerable litigant, to get the representation you need.

Obviously you will say that you are waiting for legal aid funding and have a solicitor line-up ready to take your case on once funding is approved.

Customer: replied 8 days ago.
I sent an email to the court as they sent me the notice through email because I kept the address confidential from the Applicant. So I will have to attend the hearing myself and explain that I am waiting for legal aid funding, and that I've a solicitor line-up ready to take my case.
Customer: replied 8 days ago.
I'm very grateful for your continuous cooperation and advice on the matter. Thank you so much.

Always very happy to help.

Customer: replied 5 days ago.
Plclegal Greetings to you, Just to update you that my funding has been released and I am going to be represented by a solicitor from now on. I'm glad you've been there to help me get through the process to confirm me with the right steps.
I have given all my answers to get the case for my application for CAO and PSO. As I told you earlier my ex has submitted fabricated lies in his statement for the court to make an emergency PSO without my hearing first. He accused me that I'm going to remove the child out of UK and Wales. And a couple of lies which didn't exist.
I have reported him of drug use which he didn't know and after I moved out with the child from him, council was starting to request to see the child with assigned social workers. But I was out already and they transferred the case to my current council and they assisted me through support for me and the child. They did domestic abuse assessment and came up emotional and psychological abuse. Then we are just having some emails if we need help through Early Support Practitioner in the council. I have included al that to the Solicitor. What is the possible outcome of all our applications to the court? Many thanks

Thank you for the update and it's very good news you have funding approved.

I event seen any of your paperwork so its very difficult to comment on the likely outcome, though it seems you are now well supported and social services will be able to give evidence to the court/ complete an assessment which will support your applications.

I am very happy I was able to help, take care.

Customer: replied 5 days ago.
Thank you

My pleasure.