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Fighting the system

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  • Fighting the system

    hello

    I am at the end of my teather and just dont no what to do anymore. The following mail will give you an insight into my predicament and i am hoping you will be able to offer some support or advice on what i can do.

    On september the 22nd 2006 my ex wife walked out of the family home leavning myself to look after our three children, she took with her the last monies we had and left the country to goto holland to start a relationship with a man she had met on the internet, we went through three months of financial struggle before finally sorting everything out. She returned some six weeks after leaving and contact was initiated all be it speradic. I started mediation appointments in an effort to come to some agreement but this failed and i now find myself in court going through the legal system.

    Much has happened in the last two years and i can elaborate if required, i am a working parent part time and in receipt of family tax credits, i also have a son who is statemented for special needs, and even though financially on my ex leaving our home i am worse to the tune of 4000 pounds i am unable to obtain legal aid.

    i am trying to fight for the wrights of my children to provide them with the best possible upbringing i can however i feel i am not only fighting my ex but also a system that is biast towards the mother, even though i am the residential parent i have less contact with my children than there mother. her influence on the children is neggative not posotive and my son where once was improving is now worse than ever. i am trying to get the legal bodies to see what is happening but have been told i have no right to dictate the order and must comply, i dont no what to do anymore as i feel the courts are not looking out or the welfare of my children as dictated in the childrens act 1989.

    my nievaty in the legal proceedings is being taken advantage of by the solicitor of my ex wife, and i unable to communicate with the solicitor as she is very condacending and just keeps sayng its not her fault i cant get legal representation, they are manipulating the worrding of the order to obtain more than agreed and even though i complained to the legal complaints commision, they advised unless the judge has an issue there is nothing they can do, the new order was put together and i didnt realise what she had done and ended up agreeing to somthing i didnt feel was right, i raised this in an emergency hearing but the judge would listen and said i was there and would offer no recompence for the fact i have no legal training.

    i am begging for your help to fight this situation i just dont no where to turn, i am on the verge of loosing my children to a system that believes the mother should be prioratised no matter what the concequences of that maybe.

  • #2
    Re: Fighting the system

    Have you tried Fathers 4 Justice? fathers-4-justice.org - Home

    Family law is very specialised and although we do have some members who are knowledgeable in this area, I suggest that you need specialist, qualified advice.

    I have no personal experience of family courts, but I am aware of several cases where custody has been granted to the father and I know of one where the children were living with the mother at the time and were taken from her and now live with their father.

    Remember that whilst you may lose custody now, nothing is permanent, things change and you can always appeal.

    Comment


    • #3
      Re: Fighting the system

      There is also Families need Fathers, I agree with Cetelco for this you really need to see a qualified specialist. A lot of places give you half an hour free consultation, Have you tried that?
      Dragging myself and my family back into the light with the help of Beagles.

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      • #4
        Re: Fighting the system

        Hi Goldiejon,

        here is another website you can try



        UK Divorce Support Community - Over 20,000 members

        there is a number at the top of the page you can get a free half hour consultation, there is also Amanda (Divorce Lawyer) who holds a legal surgery every Mon- Fri between 6-8pm there are a lot of fathers like yourself on there who might be able to offer help and support. They are a very friendly bunch.
        Member of the Beagles £2 coin and small change savers clubs, both based in the Debt Forum:11:

        Comment


        • #5
          Re: Fighting the system

          What is the exact wording on the order?
          How old are the children?
          With part time earnings and tax credits you should still be a ble to get a legal services certificate which reduces your bill.
          Is there property involved?

          Comment


          • #6
            Re: Fighting the system

            I strongly advise you do NOT use Fathers4Justice in preference to the other organizations mentioned & despite your impressions & the media it is all about the kids & even though the wronged party it's not about you

            Finally without knowing both sides of the story in some detail there's little advice that can be offered other than to reiterate you need to seek professional help

            Comment


            • #7
              Re: Fighting the system

              I have some experience with this, albeit the other way around. Can you elaborate on some points?

              1. Do you have custody of the children?
              2. What age are the children?
              3. Do have legal parental responsibility of the children?
              4. If you have custody, do you get anything from your wife with reagrds to maintenance (through the CSA or otherwise).
              5. When you say you went for mediation, was this instigated by your wife because she wanted to see the children?
              6. You say that your wife see's more of the children than you, why is this?
              7. What did this court order say?

              BobbyH

              Comment


              • #8
                Re: Fighting the system

                I work within and have experience in legal family law proceedings and Social Services (but I am not a qualifed worker in this field)

                Are you known to Social Services at all? if you have concerns that the mother's influence on your children is of a concern you could ask them to investigate?? if they agree that the mother's contact is detrimental to the children then they may support any legal application you may wish to make. However unless there are justified concerns then Social Services will not become involved as they do not deal with custody or contact issues anymore, unless instructed directly by the court. also as the law has now changed in respect of care proceedings by local authorities (PLO - Public Law Outline) this has lengthed the court process for SS as all assesments etc must be completed prior to proceedings being initiated.

                You really do need professional legal advice from a family law solicitor. Without that the other party will run rings round you as they are aware of what they can do and how far to the limit they can take things without over stepping the mark. Once the otehr party know that you have lagal representation then they are very liekyl to start playign by the rules as they know the other solictor has the knowledge and expertise to know what games they are playing and how to put a stop to it.

                The other solicitor is not concerned for the welfare of the children (to a point), they are doing what they are paid to do, you need to equal the balance if you are going to stand a chance.

                You may be able to seek the advioce of a solicitor and come up with a payment plan.

                Comment


                • #9
                  Re: Fighting the system

                  I presume that you have already checked out your eligibility to legal aid.

                  If not then this is quite a helpful site; Can I get legal aid

                  Comment


                  • #10
                    Re: Fighting the system

                    Legal Aid to fight the other parties claim will only be granted if there is considered to be something substantive to argue.

                    At the outset in order to receive suitable advice as to whether this is the case or not you should be given legal help which is self issued by the solicitor

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                    • #11
                      Re: Fighting the system

                      Please please speak as a matter of urgency to the court appointed guardian (CAFCASS) there should be one in place. My understanding is if you are a parent and indeed the resident parent thast you should het legal aid on merit.
                      How many kids are there?????
                      There is a 'means 1' form you need to look at as there are certain incomings that cannot be counted as income for the purpose of legal aid please try this.
                      Will try and find you a link to look at the criteria and also get advice from a solicitor who is on the childrens panel and not just a family solicitor.(try the Law Society)

                      Comment

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