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Urgent advice please - legal aid lawyer with schedule 1 children's act experience??

(21 Posts)
MovingOnUpNow Tue 23-Oct-12 10:37:13

Hi all, this is my first post, I've been lurking for a while and the time is right to request help from the MN pool of legal wisdom. I am recently separated from verbally abusive, aggressive and controlling ex p (unmarried) and am looking to try to get more financial support for our 2 year old child. I'm pretty sure I don't have a claim under tolata, but do under schedule 1. (Based on extensive reading, and several first meetings with solicitors). I'm looking for a strong LA lawyer in the London/Hertfordshire area who has dealt successfully with Schedule 1 claims.... A tall order I realise, but I thought that MN is the place to ask! Thank you in advance for any advice you are able to share : )

cestlavielife Tue 23-Oct-12 11:49:07

i know when it got to the TOLATA/schedule 1 bit i needed a barrister not just the solicitor as so complex legally...

do you joint own the property with him ?

Collaborate Tue 23-Oct-12 12:26:27

Most lawyers who deal with financial family work will have experience of Schedule 1 claims. They aren't complex like TOLATA claims can be. Just go on to the Law Society Find a Solicitor web page (google it) and put in your details, then ring around.

babybarrister Tue 23-Oct-12 13:22:46

Message withdrawn at poster's request.

MovingOnUpNow Tue 23-Oct-12 14:56:21

Thank you very much for your helpful replies. La vie- no he owns the property outright, and did when I met him. And yes I have heard that I'd need a barrister to deal with a schedule 1 case. I do know the resolution website, I was just wondering if there were any personal recommendations, so thank you for the one given.

izzyizin Tue 23-Oct-12 15:42:08

Are you in London?

MovingOnUpNow Wed 24-Oct-12 22:40:31

I'm in Harpenden in Hertfordshire. But thought I'd widen the search area to include London. (Ex is in London).

MovingOnUpNow Wed 24-Oct-12 22:46:47

C'est La Vie - can I ask how your case turned out for you? I've recently been told by solicitors that schedule 1 cases are very difficult, and I should be prepared for very little success as I'm no longer living with him. (Should have set the case in motion when I was still living with him....).

fuckwittery Wed 24-Oct-12 22:47:43

Olive McCarthy at Breeze and Wyles in Hertford.
Lisa Pepper at osbornes is good but she's going on maternity leave at the end of the year. Mark freedman at Osbornes.
Tbh it is nigh on impossible to choose a named solicitor on legal aid. You will have to take who is willing to give it as pay is so much less than private work. No legal aid at all for this type of work come April.

Are you definitely eligible for legal aid, have you checked the online calculator?

cestlavielife Wed 24-Oct-12 23:14:00

We jont owned property. I got an order for sale and for his share to go towards a new property for the dc to live in . That bit under children's act. But we did joint own. sold a buy to let property which paid off debts etc and now still need to sell joint owned property he living in . External factor s around the flat leaseholder wrangles making selling difficult or at least selling At a good price.

What you asking from the property ? sale and xxx amount to go for child for housing you and child or ?

MovingOnUpNow Wed 24-Oct-12 23:49:47

Thank you BB for recommendation.. It's been confirmed several times that I'm eligible for Legal Aid, so should be ok. FW Is the cut-off date for Legal Aid work of this type April 2013? Also thank you, noted about mat leave and probably just taking who's prepared to do a less well paid case. To be honest I'm not totally sure what to ask for, his house is about to go on the market, and I feel like its the only chance I'll get to secure more financial support for our child.

mumblechum1 Wed 24-Oct-12 23:52:07

You will find that not many (if any) highly experienced lawyers will do legal aid. It pays next to nothing so tends to be done by relatively newly qualified people, as their charging rates are closer to the LA rates.

MovingOnUpNow Wed 24-Oct-12 23:54:05

C'est La Vie, thank you for replying and sharing info. It was helpful, and do hope it works out as well as possible for you.

Bartholemew Thu 25-Oct-12 06:21:24

I managed to successfully bring a Schedule 1 Claim against my ex. I don't want to talk about it publicly until the transfer has actually taken place but I'm happy for you to PM me if you'd like any information.

MovingOnUpNow Thu 25-Oct-12 15:27:40

Mumble, yes I've heard this, but don't really have a choice in the matter in terms of LA or funded...will just have to try to find the best possible.

MovingOnUpNow Thu 25-Oct-12 15:29:07

Bart, that's great news. Really hope all continues well with case for you. Thank you, I'll certainly pm you : )

fuckwittery Thu 25-Oct-12 16:00:21

Movingonup you will be OK as long as you have legal aid in place before April 2013, no new cases after that

MovingOnUpNow Sat 27-Oct-12 03:38:24

Thanks FW, and thanks all for really helpful info. Have spoken to Lisa Pepper, she was excellent and very positive, and have a meet with Osbornes this week. Thanks again for the recommendation.

Vivian3 Sat 28-Oct-17 10:57:09

Hi, I'm trying to find advice for a Schedule 1 application.
My situation is that im recently separated from my ex and at the time of separation i had savings, a house, a job etc but now all my savings have gone on court fees and i owe over £15k to my parents and have just been made redundant.
My ex lives in a 6 bedroom house, drives a top of the range car, owns a second property that he rents out and has a tax free income of >£3k a month with considerable savings on top. He gets this money in benefits hence why it is tax free.
We have 3 children and he pays £28.40 per month for all 3.
Since separating i have spent all of my money providing for my children. I haven't been on a night out in nearly a year as i simply cant afford it.
I have been advised that a schedule 1 application can be used where a parent who is wealthy yet refuses to assist in the financial support of the children can be ordered to pay to meet the children's needs.
My question is, does this apply if the paying parent is on benefits as CSA have said that he only has to pay the flat rate.
Thank you

Trethew Sat 28-Oct-17 16:40:50

vivian you’d be better off starting a new thread of your own. The names and information given on this thread are five years old

Vivian3 Sat 28-Oct-17 17:28:53

Thanks, I've done that, I'm new so didn't realise

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