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TOPIC: Not sure what I do next

Not sure what I do next 2 months 2 weeks ago #97289

So basically I applied to the courts for parental responsibility and to get my name put on my daughters birth certificate as my ex partner is unwilling to add it. I have gone through the whole court system and had my final hearing in October 2018.
It is now Feb 2019 and this issue is still not resolved. My ex partner lied in court and told the judge she had sent off forms and the issue was being resolved. On this basis the judge did not issue anything as he said that the matter was concluded.
I am now hundreds of pounds out of pocket and my name is still not on the birth certificate. I wrote a letter to the court explaining the situation and received a reply saying a legal advisor had looked over the case and advised no action required as matter concluded. The legal adviser also advised me to make an application if I wish to vary the court order.

I'm sure you can understand my frustration as I feel like I am back at square one. The judge and legal system have failed me and I am unsure what my next available options are. I don't really want to have to pay another £200+ for a new application but this seems my only available option?

Just wondering if anyone could advise me on what steps I should take in regards to my current situation. I understand that if I go and see a solicitor they will just tell me to make a new application but I am very aware that solicitors don't have the best interests of fathers in these types of cases.

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Not sure what I do next 2 months 2 weeks ago #97295

  • Mojo
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Unfortunately, if you’ve written to the court and they have advised you to make a further application, you have no other option but to do just that, if you want to get this matter resolved. It seems unfair and I sympathise with you.

Did you use a solicitor for the previous hearings?

Are you able to communicate with the mother? Perhaps mediation might help to get this matter resolved.

You could have a solicitor write to her to advise her that she needs to conclude this matter urgently, otherwise you will be making a further application to the court and you,will be asking for a wasted cost order against her for the cost of the previous case and all other costs incurred to take it back to court.

The thought of having to pay a large sum of money might just spur her into action hopefully.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Not sure what I do next 2 months 2 weeks ago #97310

I used a solicitor to help with the process regarding applications and letters etc however I represented myself in court at the hearing. My solicitor was a waste of time and money.

Communication with the mother is not possible, she is not willing to cooperate in any way and is a very nasty and vindictive person, always playing the victim.

Thanks for your help.

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Not sure what I do next 2 months 2 weeks ago #97311

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You don’t have to go back to the same solicitor, or alternatively you could write the letter, if you write Notice Before Action, underline across the top and state that you have taken advice and expect this issue to be concluded urgently, that if you don’t hear back from her within 14 days, with notification and proof that the issue is being resolved, you will not hesitate to make an application to court and in addition, will be applying for a wasted costs order to recover all expenses to date.

It might work...But bear in mind, if you do that and she doesn’t respond, you will need to escalate it further, mediation would need to be attempted prior to making a court application, unless the mediator agrees to sign the C100 form.

To be honest, I think your case is fairly straightforward, you are more aware that leaving court without an order isn’t going to work. Perhaps the second time around you will be far more prepared and we can advise and support you... many members here have had much success without using the services of a solicitor.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Not sure what I do next 2 months 1 week ago #97320

I agree with Mojo, writing a letter to her to explain that if she doesn't adhere to what she told the courts then you would be left with no other option but to seek further legal action and an order for wasted costs.

If you not happy with your solicitor then it may be worth finding a good MacKenzie friend for help and advice at hearings, generally a fraction of the cost of a solicitor and more family law focussed too.

If you contact a local Families Need Fathers group, or go along to a meeting they may be able to steer you in the direction of a good MacKenzie friend who can help.

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Not sure what I do next 2 months 1 week ago #97330

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Did you actually get any sort of order from the final hearing and if so, for what?

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Not sure what I do next 2 months 5 days ago #97463

Yes I did get issued a court order to have care of my daughter 2 weekends per month however no where in the order does it mention anything about my parental responsibility application. The judge didn't issue anything on that matter and said it was concluded as my ex lied and said she had sent off the forms etc

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