Urgent advice re court hearing about child.

DesperateScousewife

Hope this is correct place to post.

Will try and condense this to the main facts...

I have a friend who has an almost 10 year old son. He has fought with his very toxic ex over contact with his son for years. My friend is an excellent dad, while the mother uses her son as a weapon.

Friend was supposed to be in court yesterday. This is to get 50-50 parental rights and visiting and more importantly to get his sons voice heard. His son is desperate to live with dad. He has seen so many things a child shouldn’t be witnessing at home. His son gets really upset when he is returned home, frightened that mum is going to ‘get things out of him’. Meaning she interrogated him about everything he does with dad. Friends had a gf for two years, she has a few children and son is so very happy to be in a normal family environment. I’ve noticed a huge difference in him.

Friend had a sudden heart attack two weeks ago and had a bypass last week. He’s been ill since then with infection on top of the bypass. He came home on Sunday. His solicitor called yesterday and said the judge asked why he wasn’t in court. He had instructed his solicitor by email about his illness on 21st October and he didn’t want the court to be cancelled, just delayed because he obviously couldn’t attend. She obviously hadn’t informed the court.

Friend had full legal aid due to historic domestic violence with this ex partner. He is also under the court of protection.

Could someone please let us know how he should now proceed. He has zero confidence in this solicitor now. Can he postpone court due to his illness? Will he lose legal aid?

He is due for contact this weekend and has family support to continue looking after him and his son when he has him but the mother is saying she will only allow him to have his son for an hour. Said she had been to court. This is definitely her playing her games again.


We would be grateful for any advice. Does anybody know of a good family solicitor in the NW. TIA for any replies.

Comms69

The solicitor can make an application to the court now, if it wasn't clear at the time. Not that it's actually relevant to the case. He doesn't have to be there; that's why he has a solicitor.

DesperateScousewife

His solicitor had told him it has to be cancelled. Surely it can be postponed for special circumstances? She was negligent in not telling the court about his illness.

Comms69

DesperateScousewife wrote: »

His solicitor had told him it has to be cancelled. Surely it can be postponed for special circumstances? She was negligent in not telling the court about his illness.

She is incorrect. Assuming she is a qualified solicitor she can represent him without his presence.

The correct term is adjourned; and yes that is also possible.

I’d be making a complaint.

In fact given he is subject of a court of protection order this situation really doesn’t make sense.

Presumably cafcass have made their report?

Ms_Chocaholic

In terms of the current problems, ask your friend to call the Court and ask if the Hearing went ahead. If it did, ask the Court staff for a copy of the order and ask whether a new Court date had been set.

Only once he gets the Order will he know what the Court have done.

Is the mother of the child legally represented or not?

If not if I were him I would seriously consider ditching the solicitor and doing this himself (if he is well enough).

Ms_Chocaholic

I'm also confused about the 50:50 parental rights? Is your friend named on the child's birth certificate? If so he has PR (Parental Responsibility) anyway which is the 50:50 rights you refer to.

DesperateScousewife

I meant to say 50-50 visitation..

Comms69

DesperateScousewife wrote: »

I meant to say 50-50 visitation..

It’s called contact. Your friend needs to post here; 3rd party threads are notoriously difficult

DesperateScousewife

Very sadly he isn’t feeling too good mentally. He isn’t thinking straight being under immense pressure and after his surgery.

The hearing went ahead. Despite instructions to postpone it. The judge said that because the father is unable to look after his son at any contact it was down to the mother to decide how long she lets him see his son for. Friend has text her and she’s said one hour. Despite my friend having great family support to assist him.
Another court date is scheduled for December.

Comms69

DesperateScousewife wrote: »

Very sadly he isn’t feeling too good mentally. He isn’t thinking straight being under immense pressure and after his surgery. - understandable.

The hearing went ahead. Despite instructions to postpone it. - that's up to the judge, not his solicitor. The judge said that because the father is unable to look after his son at any contact it was down to the mother to decide how long she lets him see his son for. - at present that is probably the correct decision. He is not capable. Friend has text her and she’s said one hour. Despite my friend having great family support to assist him.
Another court date is scheduled for December.

First it was cancelled, then it went ahead; now it's being reheard.


I'm saying this, with the best will in the world: make up your mind and then post it.

DesperateScousewife

Sorry. I’m made a right balls up explaining. :eek:

He instructed solicitor to postpone case not cancel. He was afraid of losing legal aid. She didn’t do this and she went to court on Monday despite having no instruction and knowing full well my friend was too ill to attend.
The judge has organised another hearing early December.