Solicitor/legal costs - child access issues

[Deleted User]

Trying to find out for my brother whos not the best organised...

Anyway, hes got two children from a previous relationship. For a while now, his ex-partner has been stopping him seeing the kids, and now has moved and he doesn't know where to.

Personally, I think all he can do now is get a solicitor involved. However, he doesnt earn much money and says he cant afford to do this (not that hes even found out mind!).

Any idea what the procedure is for this and likely costs?

Mimi_Arc_en_ciel

[quote=[Deleted User];discussion/3480773]Trying to find out for my brother whos not the best organised...

Anyway, hes got two children from a previous relationship. For a while now, his ex-partner has been stopping him seeing the kids, and now has moved and he doesn't know where to.

Personally, I think all he can do now is get a solicitor involved. However, he doesnt earn much money and says he cant afford to do this (not that hes even found out mind!).

Any idea what the procedure is for this and likely costs?[/QUOTE]

He MAY get legal aid. Otherwise if he does need to pay hen he can set up a payment plan with the solicitor and pay £XX a month.

He can try and do some leg work himself. He could try and track down the ex and then the solicitor wont have to. 192.com is good for this, could also try the registary depending on when they moved etc Is the ex on Facebook? have a look - if not her, try her family and friends. See if she has "added" a few friends and see which area those friends are in

HOWEVER - If she had a legit reason to move (For example, if your brother is violent and she fears for herself and the children) then he MUST go through proper channels

[Deleted User]

Mimi_Arc_en_ciel wrote: »

He MAY get legal aid. Otherwise if he does need to pay hen he can set up a payment plan with the solicitor and pay £XX a month.

He can try and do some leg work himself. He could try and track down the ex and then the solicitor wont have to. 192.com is good for this, could also try the registary depending on when they moved etc Is the ex on Facebook? have a look - if not her, try her family and friends. See if she has "added" a few friends and see which area those friends are in

HOWEVER - If she had a legit reason to move (For example, if your brother is violent and she fears for herself and the children) then he MUST go through proper channels

Thanks. Been looking at all the court forms and stuff and it looks like you can serve forms yourself but you need to know the address of the other person.

I think he knows what sort of area (i.e town) but apart from that he doesnt know. Trouble is shes moved house about 8-9 times in the past two years. Trashes a place, moves on etc, and yes shes been in real trouble with the social about this.....

Reason ex is not talking to brother is because hes with someone else now and shes pregnant. Before this, everything was ok and he got to see the kids.

puddy

if social services are involved and father has PR they should be communicating with him and involving him with any assessments, but not necessarily disclosing any addresses if she doesnt wish this. does he know which local authority she is in

RAS

Go over to the child support forum.

There is a form that DB can complete and take to court. It instructs any named person that they HAVE to provide the address of the missing party and children or face consequences.

if she moves this often and trashes places, really he need to get onto Social services and insist that he is involved in all meeting re the children. Would his new partner agree to them moving in permanently?

[Deleted User]

puddy wrote: »

if social services are involved and father has PR they should be communicating with him and involving him with any assessments, but not necessarily disclosing any addresses if she doesnt wish this. does he know which local authority she is in

He has spoken to them. Apparently, she is off the list now (less than 3 years from having the children taken off her temporarily).

Hes got an idea of the rough area.

[Deleted User]

RAS wrote: »

Go over to the child support forum.

There is a form that DB can complete and take to court. It instructs any named person that they HAVE to provide the address of the missing party and children or face consequences.

if she moves this often and trashes places, really he need to get onto Social services and insist that he is involved in all meeting re the children. Would his new partner agree to them moving in permanently?

The state of the house is what got the Social involved last time. Apparently, shes not changed but Social have lost interest a bit.

puddy

[quote=[Deleted User];46837565]He has spoken to them. Apparently, she is off the list now (less than 3 years from having the children taken off her temporarily).

Hes got an idea of the rough area.[/QUOTE]

well in that case, if he doesnt have the cash for a solictor and doesnt qualify for legal aid with it (ive lost track of the position on legal aid for custody cases now) - he needs to make application to court on the form for this (they will let him know which one it is). it does cost about £150 for the application but within that, he needs to say that obviously child benefit and/or social services know her address and you need the court for help with disclosing this TO THE COURT, not necessarily to him

that way, then papers can be sent to her without him necessarily knowing the address if she has legitimate concerns about him knowing her address. any subesequent hearings and court process will determine whether there are legitimate reasons for her witholding the childre's addresses from him but this will get him started

princessdreamer

Isn't it funny how the RP is always the bad guy. If the Op's friend was so worried they would have been going for full custody long before now instead of making another child.

[Deleted User]

princessdreamer wrote: »

Isn't it funny how the RP is always the bad guy. If the Op's friend was so worried they would have been going for full custody long before now instead of making another child.

Hey. Not defending anyone here or having a go at anyone. Just stating the facts. No need to turn this thread into an argument. I suggest, politely, that you go to another thread for that.

Whether I agree with brothers handling of things or how he runs his life is beside the point. (Personally I dont agree BTW - I would have got custody of those kids a LONG time ago or at least tried).

I'm just trying to find out how things work to pass on the info to him...