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Angry ex withdrew his application for contact and left the court. What are his chances of further legal aid to start again?

(3 Posts)
Misfit13 Tue 26-Feb-13 10:13:31

Thank you for replying - I suspected that but found very little on Google last night. I found some re Appeals and am concerned he will use something that came up during the hearing. He argued that he had not knowingly agreed to the tests as he left early the time before and that his barrister that time had misrepresented him. The Clerk pointed out that that barrister was also a - I forget what, actually, but it sounded impressive - and that the agreements were drawn up before he left. The Clerk was the same one and she told him that her 'notes' verified this, as did my barristers.
I so want to relax and take your word for it! This whole experience has made me question and mistrust everything tho, including myself.
Thanx again for your help.

Collaborate Tue 26-Feb-13 09:56:37

He won't get LA to take it back to court again. He's had it on that one. The LSC would consider it unreasonable to continue to fund his case. After April he won't get LA unless you've been subjecting him to DV.

Misfit13 Tue 26-Feb-13 09:52:26

Last week, at the final hearing, my ex was advised to accept my offer of 2 x 6 hour daytime contacts with our 3 year old. He initially agreed, but minutes later, my barrister informed me he had 'thrown his toys out of the pram and withdrawn his application for contact/joint residence. (The magistrate, Clerk and my barrister all challenged his refusal to comply with the drug/alcohol hair strand tests ordered at the previous hearing - he does NOT like to be 'told off')

I was granted a residence order and agreed that I would honour the offer of 2 x 6 hour contacts. The relief was indescribable. I had been so worried and believe that he may have got overnight contact if he had seen it through. (My solicitor thought it unlikely, but my barrister seemed less optimistic).

I gave him a few days to calm down/lick his wounds then sent him a message re Sunday. He thanked me and the contact went ahead.

He then texted me last night saying he could not see J today, as agreed, as he has an appointment with a 'better solicitor'.

I am terrified now, that after 16 months, 5 hearings and having sold everything I could get my hands on to pay my LSC contributions, it is STILL not over. Life has been 'on hold'; all that kept me going was the thought that, as of this week, we could 'resume' living.

Does anyone have any experience of this - presumably the fact that he withdrew, rather than the court ordering in my favour will help him? He gets full Legal Aid, btw. Will the new rules affect our case? I assumed both LegaL Aid certificates would have expired. Is such a reapplication/appeal likely to be heard/succeed in changing last week's decisions?

Thanx in advance for any advice/experiences.

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