Who pays?

[TheJoyOfSpecs]

I can't find a straight answer on Google. My ex is taking me back to court again for access to our children. He owes me £10k in maintenance (I know this cannot be mentionedcin court) and I'm on Income Support.

I got Legal Aid last time but can't now as the rules have changed.

Who pays the costs? I need a solicitor as it's not a straightforward case. I don't know how I'm going to cope.

[Collaborate]

You can get the court to order he pays towards your costs, but that would be dependent upon him having the resources to do so (and you proving that).

[Bellemere]

I thought for child arrangements cases it was very rare for one party to be ordered to pay the other sides costs?

[Collaborate]

It's not a costs order as such. It's called a Legal Services Order. It's explained in greater detail here.

[TheJoyOfSpecs]

Thanks for the reply. No chance of me getting costs then. He works cash in hand so no way of proving income.

He gets to fuck me over one more time.

[PaleBlueDot]

What do you mean he's taking you to court again?
What happened the first time?

I don't know much about this but am just embarking on this legal journey for the first time

[TheJoyOfSpecs]

Long story. Divorced 8 years ago. His contact with the children trailed off (by him). Came back years later demanding access. Went to court. Supervised access given - he kept not turning up and had mental health problems. I got residency and a prohibited steps order banning him from seeing the children.

Two years later (now), he says his MH issues are sorted and wants access. It's all so tiresome. He's been banned from keeping animals for 5 years , arrested for carrying an offensive weapon, suspended sentence...but he wants to see the children.

WTAF??

Sorry, I'm annoyed. Hope you get on OK because my faith in the courts is zero having been through it once. They did not want to suspend contact. It was a real fight that went on for 18 months.

[PaleBlueDot]

Oh crap, that sounds awful for you!
No wonder you are annoyed

[lorelei9]

is he getting Legal Aid to do this?

also, why can't you mention that he owes you that maintenance?

sorry you are in this spot, I hope it gets sorted. There are free legal advice clinics around - perhaps google and get some advice that way?

[TheJoyOfSpecs]

No. He's paying himself apparently.
During the last case my solicitor told me bringing up the maintenance issue makes me look bitter and the judge will think I don't want him to see the children because he hasn't paid. So I have to keep my mouth shut.

My sister will lend me the money as I really do need to be represented. I still have to pay it back though so another drain on an already strained household.

[lorelei9]

I see
I suppose I would focus on the offensive weapon stuff anyway

what a nightmare. I wish you all the best, OP

[BerylStreep]

But surely in the legal costs order the issue of child maintenance owed could be brought up in the context?

Sorry - not an expert - it just seems wrong.

[MegCleary]

Perhaps ring citizens advice, sometimes they have numbers for local law companies that give some free legal advice time and they may know more on the rules re Legal Aid

www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

[TheJoyOfSpecs]

Maybe Beryl. I've managed to get a solicitors appt next Thursday now so I can ask then. I was just looking for a bit of advice on here in the meantime.

For the last case, the CAFCASS report recommended no access for him at all and said it wasn't due to MH issues but due to him - how he is, how he responds to the children, etc. I can only hope the judge takes notice of that recommendation and doesn't feel it's time to give him another chance.