[Solved] Legal Aid changes 1st April 2013

Hi Harry,

Your ex will have been awarded a Legal Aid certificate that will run for the duration of the case, or a specific length of time. Once the case is closed then the Legal Aid will expire. If at a later date, your ex wants to go back to court then she will be subject to the new rules governing Legal Aid and will have to pay like everyone else! 🙂

If you are the one that brings the court case, you would pay the application fee and solicitors fees if you use one. If she represents herself she wont be liable for court charges, but she will be liable for legal fees if she wants a solicitor to represent her.

Which is what I found out my Ex has had to do so I don't think she'll be dragging it out in court now shes got to pay 🙂

Thanks Nanny / Ivan,

I must say I'm not one to gloat at the prospect, because in truth I'd rather I wasn't going through the system.

Nanny - Just to clarify...My case is currently to initially arrange and establish regular access. If what you say is true, when hopefully the access is sorted out, probably with a court order, is that considered closed?

I would then in the future hope to request an overnight stay...knowing the ex won't agree mutually I would then have to go to court, probably after the 01.04.13...Is this then seen as a "new" case and as such she could either represent herself or have to pay for a solicitor?

Many thanks for taking the time to help

Harry 🙂

Why dont you get the overnight stays incorporated into the order Harry. It would save having to go back at a later date. If you request defined contact, with overnight stays starting after a period of daytime contact, I'm sure this can be done. Requesting alternate christmases and birthdays is something else you should consider being written into the contact order, as well as extended periods during school holidays.

Once the Contact Order has been granted at the final hearing, what has been agreed will be put into an official document which you will both receive. It sets out what has been agreed and thats it, case closed!

Harry,
I'm not one to gloat either however bening told the only way I'd get to see my child was via a court order and thinking she'd got away with for a number of years it only serves her right I did try again befroe Christmas to see if we could come to a solution and she again refused. Karma has a strange way of working. The positive side is that as they have to pay the wont want to drag it out and will hope for a quick solution.

You might have 3 hearings, interim to get contact back under way, a review hearing and a final directions hearing I would factor those 3 in as a ballpark figure. As NJ said it depends on how long the the case is open for I think but check elsewhere that if LA has been granted it will run on past the April date just new cases wont be taken on.

If this current case runs on further than April 1st she will still be covered by her existing LA certificate. Any future applications will be subject to the new rules and therefore LA will no longer be available.

I'm not sure if The LA certificate is granted per case or for a duration of time....I'm trying to find that out.

Firstly thank you Nanny, I understand what you advised now and it will be interesting to find out if the LA cert is case by case.

Ivan I agree...it maybe prevents and reduces the long-jevity which I'm fast finding is envitable.

Nanny - As things stand as my little princess is only 12 months old, I've been advised that it would be frequent and often contact, to start with. There's no reason why I couldn't care for her overnight, but not sure if i can factor that in to this case??

Thoughts welcomed.

Harry

You can factor it in Harry....If you are bonded with her and she knows you and you have the facilities at home to have her overnight then theres no reason why you shouldn't ask for daytime visits for the first 6 or 12 months, increasing in length of time to then accomodate overnight stays, one night to begin with, for 3 months, then increasing to weekend stays. I think by the time she is two and a half you should be having her for a daytime visit once or twice a week with a weekend stay every fortnight. Thats just an example... There are factors such as if you and your ex work and if your little one goes to nursery, contact times would have to work around these factors.

The courts dont want to see you back and forth so its much better for all concerned to have a timetable of contact that can be applied years ahead. Thats why you can put in place arrangements for extra contact in the school holidays, even though shes only a baby right now and school is years away! Ask for a week or even two in the summer so that you can take her on holiday....Christmas and birthdays is another area where arrangements can be made for the future, ask to have her alternate christmas and birthdays and have that written in too. Go prepared!

Nanny that's [censored] good advice, thank you!

I think the idea of a future time table is good and I'll put that forward to my solicitor. As things stand, I did have a bond up until she was 9 months old, then for the last 3, the ex has done eveything possible to prevent me seeing her. Didn't see her for her first christmas just gone. Even my immediate family and friends are unable to contact her, for fear of harrasment becoming an issue. She is using the system to it's maximum. I just hope these preventative actions will some how demonstrate she's not putting our daughters well being first and just stopping us having a meaningful relationship.

The challenge is the hostility from the ex, quite literally doesn't want me in babies life and to walk away! So I'm pretty sure she won't agree to alternate christmas and birthdays etc, in fact, she will want me to have as little contact as possible.

I'm more than capable of providing and have a lovely home for her to hopefully one day come and stay????

Thanks for all your help

Harry 🙂

Best of luck with it all Harry and keep us posted. 🙂