I am currently pursuing access against my ex-wife to see our kids. Just before Christmas, I had my Legal Aid stopped & my lawyer has withdrawn from the case. There's apparently no means of appeal against this... What are my options? (sensible answers only, please)
2007-01-15 03:38:59 · 17 answers · asked by Mark K 3 in Politics & Government ➔ Law & Ethics
Scottish Law, if that helps!
2007-01-15 03:46:32 · update #1
I want to know if it's possible to continue pursuing the case, any idea of the cost, will another lawyer help me although I have no Legal Aid, is it worth representing myself, etc... What sort of possibilities can branch out from this situation???
2007-01-15 03:49:21 · update #2
Dathinman8 - My Legal Aid was stopped as I've (wrongly) been adjudged to have been knowingly with-holding information, information my lawyer knew about, therefore creating a "conflict of interest" leading to their withdrawal.
For anyone's info, custody hasn't been judicially decided as I'm not challenging for custody... just access!
2007-01-15 03:54:05 · update #3
Well, I'm not sure what it is you are exactly asking? Please elaborate specifically what the problem is?
OK - First of all, yes you can get another lawyer (especially if your other lawyer had to withdraw because of a legal conflict of interest) and most lawyers (especially family lawyers) will accept some kind of payment plan from you. Just be honest about your means. And yes, you can represent yourself though that is always not advisable if you can help it. Regardless of what you decide on the lawyer issue, you should know that the Western world over uses the "best interest of the child" standard when reviewing legal issues that affect minor children and their families. Therefore, when arguing in court or responding to the judge remember to always book end your answers with "the best interest of the child." For example, you honor I'm not contesting whether the children would be better off living with their mother, but I don't see how forbidding their father visitation serves their best interest. I am a good father a good provider and most important it is in their best interest that they know their father." _ You know what I mean? Good luck bro!
2007-01-15 03:42:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
state your reasons as to why you want access clearly , don't allow yourself to be provoked into a shouting match , the judge knows the law better than any lawyer and legal aid lawyers are more often than not trainee's so you might do better alone .
the law demands reason or what me and you call common sense SO be reasonable your ex is not your enemy you just want the best compromise with regards to your child .
the best thing to do is to imagine you doing this as a favour for someone else because emotions will destroy your reason , a judge is no different to anybody else he/she laughs or cries is happy or sad just like anyone else , unless it is proven that you might be in some way a danger to your child then there is no reason to deny access . I've heard that you can buy a herbal drink from chemists called calms and it is supposed to have an incredibly calming influence on you so perhaps you should try it out before court and see if it might help .
good luck
2007-01-15 04:03:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your certificate was terminated for knowingly withholding information then it may or may not be possible to get another depending on the circumstances. It is difficult to say from the information you have given. If you cannot get Legal Aid then your best bet is to look for a firm of solicitors that are prepared to accept monthly payments on a payment plan. Many do. Go to http://www.clsdirect.org.uk/index.jsp and look for a firm local to you. If you are stuck then my firm will gladly look over the papers for you free of charge, but it may not be practical to act for you depending on where you are.
2007-01-22 03:07:06 · answer #3 · answered by Chris H 1 · 0⤊ 0⤋
You can represent yourself if you think you are able. It is a Family Court which is more relaxed than your usual court. Whether you wil pay any costs, depends on your income. If you decide to do it yourself, don't be afraid to speak you mind and make a note of the points you wish to raise beforehand. Good Luck.
2007-01-15 03:53:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You are going to give your self a heart attack mate.Don,t upset the kids by upsetting their mother they will see you as the protagonist. If there is no reasoning with her leave it alone they will find you one day and ask why tell them you had no choice keep a scrap book now bills receipts court dates any proof what so ever one day you will be the one with the love of your kids and the x wife will be the one they resent love can be painful but you get back ten fold in pleasure the ammount of pain it costs .Good luck
2007-01-22 07:21:24 · answer #5 · answered by Anonymous · 0⤊ 2⤋
Do some research on LexisNexis.com regarding your situation. You can also enter a Motion pro se which means by yourself for full custody of your children.
2007-01-15 03:43:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In Canada, joint custody is the presumption. that's presumed that having both moms and dads in contact in the alternative-making in the baby's existence is in the baby's superb pastimes. like it or no longer, it truly is not any longer only your baby; it truly is his baby too, and he will have certain rights. (no longer to be an element of the delivery, yet get entry to and custody...except there's a good reason behind him no longer to have share custody, he receives it.) the actual incontrovertible truth that acquiring an abortion or no longer is your decision on my own would not advise that each and each decision in the baby's existence receives to be made by using you on my own. the baby isn't your deepest abode; he or she will be someone, with rights of his/her own, and his/her superb pastimes will virtually really be superb served by using truly having a father. As for help, I truly have 2 observations. (a million) In Canada, joint custody would not advise that no help is paid. help is plagued by using the era of time the baby spends with each and each figure. lower than 40% with one figure, and that figure will pay help to the different in accordance which includes his earnings. notwithstanding, if each and each figure has the baby more suitable than 40% of the time, then there's a formulation that takes under consideration both moms and dads' earning, and the better-earning figure really will pay to the different depending on the form in earnings. (2) If he's eligible for criminal help, then help fairly isn't a lot of an concern. If he wouldn't have money, you're not any further getting help from him. it truly is that straightforward.
2016-10-31 04:10:55 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I think the courts also offer legal aid to those who do not have the sources so move on application there.
2007-01-15 03:47:50 · answer #8 · answered by hm_pearl 3 · 0⤊ 0⤋
You should contact another attorney immediately. Many will work with you. Also, if you have a law school nearby, contact them as well. They may be able to provide services through one of their clinical programs.
2007-01-15 03:45:55 · answer #9 · answered by cyanne2ak 7 · 0⤊ 0⤋
You can represent yourself even in crown court.
They hate it when you do that, my advice is insist that you shall represent yourself all the way.
In a matter of access they will rule in your favour unless you are a violent threat.
2007-01-22 07:40:16 · answer #10 · answered by Cassina R 2 · 0⤊ 0⤋