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hi all.
well after 2 years and a broken court order,i finally thought i was getting somewhere.i was to attend court(in scotland)for my exes contempt of court.i also had 2 parrallel court dates to attend to reduce my access to nil.i have reached my limit emotionally and financially.i wasnt getting legal aid and my bill is through the roof.i am also on a trust deed(iva).my court dates are over the next few weeks.
i have instructed my lawyer to drop all cases.
my question is..will i have to pay costs to the other side(as if i have lost)or will i just have to pay my own?
thanks
Hi falcokyra
Firstly welcome to Dadtalk - I hope you are going to find it helpful. I'm sorry to hear about your situation though - it sounds as if you have been going through a tough time over the last couple of years.
Unfortunately I am no expert when it comes to court costs and fees, especially as you are in Scotland and the law may be different anyhow but I will pass on your post to our legal team for their input.
In the meantime you might want to contact Families Need Fathers who will understand the issues here. You can call them on 0300 0300 363, http://www.fnf.org.uk
I hope this helps.
Hi falcokyra,
Our legal partners The Children's Legal Centre are genius when it comes to English child law, unfortunately as the legal system differs north of the border they are unable to advise on Scottish cases -however we do know of a great organisation your side of the border who will be able to give you advice - Scottish Child Law Centre: tel 0131 667 6333 or their website.
A two year fight to have access must be tough on you ? how old is your child ? when was the last time you saw each other ?
Keep in touch mate.
Gooner
hi,
thanks for replys.
i havent seen my daughter since june 2009.shes seven now.just need to hope we can see each other later in life.
Hi Falcokyra,
I'm truly sorry to hear about your problems. I know how it feels to be stuck in an endless uphill struggle that forces you to watch your resources dwindle away to nothing. I've been trying to increase access to my little boy for months. I've been waiting to hear whether I'll receive legal funding for almost the entire length of the dispute. I have a solicitor who I'm not overly impressed with and to be honest the whole experience leaves me frustrated and depressed, but I take heart from the advice and shared experiences of other fathers on this site.
If I don't get legal funding then I'll represent myself. Listening to other Dad's has given me the confidence to do that. I know things look desperate today, but perhaps you should follow Goonerplum's advice and contact the Scottish Child Law Centre? I've had a very quick look at their website and they seem to offer the same FREE service that our CLC offers! They could also put you in touch with support groups, etc.
The thing is mate, you don't have to go through this by yourself! You'll always get someone who won't hear you out, or make judgemental remarks without knowing the full facts, but in my experience these sites are generally visited by dad's going through the same kind of thing that you are. I'm often humbled by some of the things that other people are going through; they make my situation look like a cake walk...
Think about taking some advice from the Scottish Child Law Centre. You may find that with their help you can represent yourself and reconnect with your daughter without going bankrupt in the process...
Take care!
Hi Falcokyra
First, as the others have said, the law in Scotland may be different, so worth getting advice as above. In English law, costs are rarely awarded against the 'losing' party in child care cases - the only exception is where one party has been acting maliciously, and even then, there are few cases where it has succeeded (I actually tried to claim some costs against my ex, but was turned down - the judge said that although my ex has acted unreasonably, the way she had acted was 'reasonable behaviour for an alcoholic in denial') - the (english) courts are reluctant to impose additional hardship on a situation that is usually already hard for both parties.
Finally, instead of dropping the cases, can you not take them over from your solicitor, and represent yourself?
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