What happen's if they refuse or cant afford to go to court?

aworrieddad

Hi all,

For a long time now I have been considering asking a court to decide what's best for our daughter and every attempt to resolve the matter in a more civil way has been met with rejection (i.e. mediation.)

Although I can't really afford to my self, I am willing to forgo whatever I have to ensure that my daughters needs are met, even if it means going to court to allow someone to officially decide what's best for her.

If I were to seek legal advice and the outcome was to take things to court. What would happen if my daughters mother simply refuses to attend or cannot afford to (and isn't entitled to legal aid)?

I've tried mediation etc, however she's always refused down to costs.

Has anyone got any advice on what I can do?

Many thanks

A worried Dad

LiveLoveLaugh

As far as I know....

1/ There is no legal aid for family court matters now apart from help with the cost of mediation, if she cannot afford a solicitor then she can represent herself. CAFCASS will more than likely be involved so they would advise her before you go into court but aren't there to act on her behalf, they are there to advise on what is best for the child.

2/ When you go to court she will be sent a letter with the date on etc, if she doesn't attend the first time then I think they will adjourn, if she doesn't turn up again then they may make an order in her absence which if she hasn't bothered to turn up to state her reasons for not agreeing to what you've asked then will probably go in your favour.

I have had some experience in family court matters however it was a while ago now so this might not still all be accurate. Best advice would be to see a solicitor for the free hour and see what they advise. You can represent yourself in court easily enough which will keep costs down for yourself. I do think that you need to show that you have attempted mediation first now, even if that means making an appointment and attending yourself, giving her details of the appointment and her not turning up. Unless you have something in writing stating she refuses to attend?

If there is anything you would like any advice on then feel free to pm me and I'll help if I can.

aworrieddad

Hi

Thank you for getting back to me.

I have asked her Mother on two separate occasions to attend mediation and both were point blank refused.

I'm worried about how it would all affect my Daughter.

As you've suggested, I've been planning to see a solicitor to see what they can suggest, so that'll be the first step.

Thank you again and have a nice evening

marywooyeah

LiveLoveLaugh wrote: »

As far as I know....

1/ There is no legal aid for family court matters now apart from help with the cost of mediation, if she cannot afford a solicitor then she can represent herself. CAFCASS will more than likely be involved so they would advise her before you go into court but aren't there to act on her behalf, they are there to advise on what is best for the child.

No: there is legal aid available for mediation which is calculated on a financial assessment. Legal aid is available for family matters if a person can demonstrate that they have been the victim of domestic abuse in the past 24 months, or that the other party in the case has been deemed to be a risk to the child by a social servides assessment,

2/ When you go to court she will be sent a letter with the date on etc, if she doesn't attend the first time then I think they will adjourn, if she doesn't turn up again then they may make an order in her absence which if she hasn't bothered to turn up to state her reasons for not agreeing to what you've asked then will probably go in your favour.

It is likely that the court will adjourn if she doesn't attend the first hearing, and the court may require that a process server personally serve her with a copy of the papers to ensure that she is fully aware of the next hearing and cannot claim to have not been informed of the proceedings. If she persistently fails to attend, then it is possible for the court to make o rders in her absence.

I have had some experience in family court matters however it was a while ago now so this might not still all be accurate. Best advice would be to see a solicitor for the free hour and see what they advise. You can represent yourself in court easily enough which will keep costs down for yourself. I do think that you need to show that you have attempted mediation first now, even if that means making an appointment and attending yourself, giving her details of the appointment and her not turning up. Unless you have something in writing stating she refuses to attend?

If there is anything you would like any advice on then feel free to pm me and I'll help if I can.

I can't seem to change the colour of my writing adding onto what the other poster has said, but hope it helps you OP..

aworrieddad

LiveLoveLaugh wrote: »

As far as I know....

1/ There is no legal aid for family court matters now apart from help with the cost of mediation, if she cannot afford a solicitor then she can represent herself. CAFCASS will more than likely be involved so they would advise her before you go into court but aren't there to act on her behalf, they are there to advise on what is best for the child.

2/ When you go to court she will be sent a letter with the date on etc, if she doesn't attend the first time then I think they will adjourn, if she doesn't turn up again then they may make an order in her absence which if she hasn't bothered to turn up to state her reasons for not agreeing to what you've asked then will probably go in your favour.

I have had some experience in family court matters however it was a while ago now so this might not still all be accurate. Best advice would be to see a solicitor for the free hour and see what they advise. You can represent yourself in court easily enough which will keep costs down for yourself. I do think that you need to show that you have attempted mediation first now, even if that means making an appointment and attending yourself, giving her details of the appointment and her not turning up. Unless you have something in writing stating she refuses to attend?

If there is anything you would like any advice on then feel free to pm me and I'll help if I can.

Thanks for this

I've unfortunately been pulled through the CAFCASS and Family Law proverbial bush already although that was for someone elses child whilst I was in a relationship with them. CAFCASS were pretty good given the circumstances.

I'm pretty confident that when CAFFCAS do review the case and all of the information we've been keeping in diaries, text/email messages etc, they'll do what's best for my Daughter.

I'll try and update you all on the outcome

Thanks again

Zoetoes

aworrieddad wrote: »

Thanks for this

I've unfortunately been pulled through the CAFCASS and Family Law proverbial bush already although that was for someone elses child whilst I was in a relationship with them. CAFCASS were pretty good given the circumstances.

I'm pretty confident that when CAFFCAS do review the case and all of the information we've been keeping in diaries, text/email messages etc, they'll do what's best for my Daughter.

I'll try and update you all on the outcome

Thanks again

Hi

Do CAFCASS take things like texts etc? So far there's only been a telephone interview.