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what happens now Na...
 
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[Solved] what happens now Nanny Jane?


Posts: 37
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(@ianandrew)
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Joined: 12 years ago

ex has pulled out of recidency hearing,and her solicitor wrote she wants no contact,with child Its right out of the blue.What happends now?as my solicitor is closed till mon,im wondering if i now have to make a seperate order for recidency.As she filed the one she pulled out of.Alsowill my legal aid still be able to cover me if i do need a recidency order.So confused.Also do the casscaf checks still go ahead? thanks

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(@Nannyjane)
Joined: 13 years ago

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Posts: 5426

....It seems she stayed true to form! Not a reason for celebration, when a parent excludes themselves from a childs life though is it.... and I know you will have mixed emotions about this, feeling both relief and sadness at the same time. I think its fine to take the weekend to absorb this development.

I'm not sure of the legalities, I'd be tempted to call the court on Monday, explain that the applicant has pulled out and no longer wants contact, and ask if the case can still go ahead as its important for you to be awarded Residency for yours and your childs future security.My heart says they should let the case go on, but my head is telling me that you'll probably have to re-apply.

Your solicitor will be able to advise you about your Legal Aid standing and if you are still entitled to it, and if you have to file another case.

If you're no longer entitled to Legal Aid then I would say dont panic....this looks like a straight forward case now, a matter of crossing t's and dotting i's. If you are on a low income or on benefits then you can claim a reduction or an exemption from the £200 court fee. The form you would need to do this is the EX160a.

I would give CAFCASS a call too just out of courtesy, because they may still need to submit a report if the case goes ahead, or if a new one is started.

So first thing Monday morning, calls to the court, your solicitor and CAFCASS, and you'll know where you stand then and what you need to do next. Its important that you get Residency though as she could change her mind in the future.

She is a very selfish woman and is putting her interests first...she will I'm sure regret her actions one day. Thank goodness your little one has you and your family to protect and nurture him. 🙂

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

Thank you once again for your excellent advice,We are all a bit shell shocked.As this has been the most stressful time for us all.The awful things she wrote about us,i couldnt believe someone could be so vile.But strangly enough as you said i do feel sadness too.I will be on the phone first thing monday,and thank youagain.Iwill let u know what the coury says.As i am sure you will use what we find out to help another person in the future.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...I know its really draining emotionally, when I've been to court with my son it takes me a couple days to get back to normal. It makes it worse when it gets nasty as you mention.

Thanks for your kind words and yes please do come back and let us know how you get on....but even when its all settled down I still expect you to drop by for a chat and a progress report on how the little fella is doing! 🙂

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

solicitor has asked if the court will go ahead and grant us residency order.As you said it would make sense,but depends on them.If not will have to reapply.Legal aid does carry on so thats good.He has got a barister for next hearing,specalises in family law.Will be nice to have her help.Also he has told the court it will only need 15 mins court time,as apposed to 3 hours,as there is no evidence to be given.Son is thriving,took his first step yeaterday.many thanks.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Thank you so much for keeping us up to date....often when we give advice we never get to know the outcome! 🙂

It all seems to be tying up nicely for you and your son and you can look forward to the future now without all of the stress and anxiety that has shadowed you and your family.

Great news about your sons first step! You'll need your wits about you now! 😆

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