Ex sol asking to adjourn so they can sort out funding

[balia]

Have posted about my DH's situation before - he was due in court early next month for a final hearing on varying the current contact order to include longer holiday periods now DSS is much older. Cafcass report very much in his favour.

He's had a letter this morning from ex's sol this morning saying that as his ex has started a new job, they expect that a 'Notice to Show Cause' will issued, and that this means she won't have Legal Aid for the court hearing. They have asked the court to adjourn until ex 'is in receipt of a Public Funding Certificate'. We were really worried this would happen, not that we knew about the job, but because I'd read that funding was not forthcoming for cases with no merit (eg against the cafcass rec's) but equally we don't want to be waiting for months (and aren't they scrappng legal aid for civil cases anyway?) as ex has told DSS about the Cafcass recommendations and he thinks that means he is going to get holidays with us and he is really excited. Plus the thing he wants to do most is go on our family summer holiday and time is ticking away.

How long is it likely to take? DH is self-repping so it isn't as if she would be up against a barrister. Can we get a letter to the judge saying we don't want the adjournment - if DH did have a sol surely they'd have to approach them and ask them to agree?

Please help, any advice would be most appreciated.

[mumblechum1]

I suggest that your DH writes to the other side and to the court to say that in his view, her appln for an extension of PF is unlikely to be successful (the LSC rarely grant PF if the Cafcass goes against the funded person, as it's a waste of public money), and therefore he objects to the appln for an adjt.

He should not say that he's told his son that he's going on holidays with you etc. Nothing winds a judge up more than being told that his or her decision has been pre-empted in any way.

Good luck

[balia]

Many thanks - he is working on a letter as I type.

Just pointing out, though - DH didn't tell DSS he could come on holiday with us - DSS's mother told him that the CO had recommended it. But I take your point and won't mention it.

[mumblechum1]

Ah, Okk

[Chood]

For info, legal aid for these cases is being scrapped (with a few exceptions), but not until April. A 'notice to show cause' means that a stop has been put on her funding while she has her finances reassessed to see if she still qualifies. That is likely to take a few weeks I'm afraid.

[balia]

We have pointed that out in our letter. Plus even when they get the funding sorted we have to get a new court date - it will be March/April. All the while DSS is missing out. But if a stop has been put on her funding, who is going to pay the fee for the application to adjourn?

[Chood]

Probably nobody, it would only involve the solicitors writing a letter to the court, do they'd usually do that for no charge

[balia]

Hmm...bit confused then - DH faxed the letter on Mon and then rang the court to make sure they got it (as the letter from ex's sol had been faxed on Friday and he was worried that they would adjourn before they saw his letter). The lady said the letter asking for it to be adjourned was on the file, she had added DH's to it, but that it wouldn't be put before the District Judge until the fee had been paid?

He is supposed to be in court next Wed so it all feels very last minute and stress-inducing.