[Solved] What is going to happen?

Hi Pete,

It's hard to say what will happen, no doubt your solicitor will ask for this if she doesn't attend a third time, but mothers are very rarely arrested and seem to get away with a lot before any action is taken. I would have thought if she doesn't attend the judge should hear the case without her, ask your solicitor to push for this.

Your name for a Prohibited Steps Order (PSO) made me smile. As well as the PSO have you applied for contact?

As far as her getting a solicitor is concerned, she will have to pay as there is no entitlement to legal aid for family law cases...this came into effect on 1st April this year. As you are employing a solicitor you will know its an expensive business, would she be able to afford to pay for representation? This is not your problem though, just concentrate on getting your daughter back!

Best of luck

i know all well about legal aid being stopped, I first applied in nov when unemployed and was reject 5 times before i was granted legal aid, due to them moving goal posts, then as luck would have it, with in two weeks of being awarded it I got a my current job, and that was may this year.

I dont know about her solicitor circumstances, only that she had one before the first hearing but they had given up on her as they could not reach her and closed the case, could she get this reopened with legal aid?

And [censored] yes, I am going to make sure my princess is well educated and suggest she become a solicitor, my goodness, the bill is being paid by a standing order each month, but it is still raising and will jump up hugely after tomorrow too.

Magistrates should grow a set and issue warrants and get them in front of them, it is just not right that all this money could be put away for angels education is being spent on solicitors and court fees etc.

I have appleid for contact and parental rights, I havent seen a BC but i am sure i am not on it, i have ordered a copy online which i should get at the end of the month. I want my name to be put on it by the courts, no doubt the ex will say I will have to have a DNA test done, which will delay things even more.

As far as getting her legal aid back, I doubt it if the case was closed. Could this be the reason she doesn't attend?

Hi NannyJane

She did turn up yesterday, and you are right and I was thinking the same too, she didnt have any legal representation, if she had kept with her solicitor and not run out of the area then that would have been different. Well everything would have been different to be honest.That is not my problem.

To get her in front of the magistrates I agreed to having her mother present. This was because I knew she would go into melt down in front of the magistrates and thats what she did. She made numerous allegations against me, called me all sorts of names, wouldnt shut up when asked, and her mother was just as bad, pouring out the vile bile from every pour in my direction.

My solicitor spoke for me and she cleared up the matter regarding DNA, she agreed that my daughter is mine and it is on record with the magistrates, if she goes back on that and says a DNA test is needed she will be seen as either lying in front of the magistrates or will be wasting court time if we do the test and it shows i am her dad.

We got a PSO in place and she has been told in no uncertain terms that if she breaks the order it is a penal offence, as in she ran the risk of prison. Until the contact order has been worked out.

Doing the section 37 report too and she agreed to that.

So some progress has been made, and i have just written to my solicitor to go over some of the issues that she brought up for preperation for next time, another hearing is scheduled for the very near future

Pete

That's progress then Pete! She won't have done herself any favours behaving in that way, would you say she is a good mother or are there some safeguarding issues? I only ask because a section 37 is more focused on this kind of assessment.

I should have said that you could have asked for an interim contact order, or your solicitor could have done. How long before you go back to court?

I dont think she is a bad mother at all, she looks after my daughter and her young brothers the very best she can, all i want is what i am entitled too as a dad, to see and be part of my daughters life, yet she has flatly refused any contact, even dads club, for no reason what so ever, yet can brand me allsorts, i think she said yesterday that was responsible for everything from the great train robbery to maddies abduction (joke by the way) but you see what i am dealing with.

Innocent till proven guitly? doesnt feel like that, feels like she can say whatever she likes and i have to prove that there is no truth in the matter what so ever. And her mother got in the act too, spreading lies at me in front of the magistrates. Still i was prepared for it, just had a few notes and every now and then they accused me of something i made a note or pointed to a note for my solictor who just nodded. I will have my say dont you worry about that. I am fighting for my Daughter. Her room and my new home will be already before the next hearing too.

I believe she is in a mental breakdown, and i warned her months ago that if we had to go to court then it wouldnt do her any favours with her problems, and yesterday was just proof of her mental unstability all i had to was just sit there say nothing as i did and she did me all the favours i could ever of asked for.

She proved she is a liar in front of the magistrates and all her allegations about me are purely that, lies, so what does that say about her mental state. I have never said she is a bad mother, when we were to gether i even tried to help her mental health, suported her at various meetings with many professionals at the time.

I just wish she would agree to me being part of my daughters life, I would gladly support her and provide what i can, help raise her. Put all this behind us and move on for my daughters sake, but I feel that wont ever happen. The person this is going to hurt the most is my daughter

Quite possibly the best father statement ive ever read, fair play

I agree with zenith...you sound like a very reasonable and grounded person and this will set you in good stead for what lies ahead. If you continue in this vein and reiterate what you have said above, especially the last paragraph you shouldn't go far wrong!

As she is already shooting herself in the foot and has no legal representation you can expect more of the same, as she has no one to advice her on protocol or procedure.This will only frustrate and annoy the judiciary as events unfold.