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Contesting a contact order

(2 Posts)
stardy Fri 05-Jun-09 15:49:42

Hi anybody been in this similar position can offer any advice.Ill try make it short.
My son is 2 and a half, hasnt seen his dad for over a year. His Dad is a Turkish Citizen and is relying on being granted a contact order to remain in the UK. He has just applied for one as his current visa has run out and he is legally allowed to stay while its pending.
Solicitor has quoted approx 10 grand to represent us, Im notentitled to legal aid, how ironic that he is.
I dont have the money to pay and wondered oif anyone has done it themselves. He has no interest in his son and has threathened to remove him from the country on two occasions, he has also tried to get me to make false declarations on visa papers which was reported to the police.
Help anyone????????

mumoverseas Fri 05-Jun-09 16:03:47

Hi, I agree it makes a mockery of the system for him to get public funding when you can't.
However, just to reassure you, there is absolutely no reason why you can't act in person in relation to this. In fact, there have been a few threads about this recently.

If he makes an application for a Contact Order you will be served with the papers and need to attend Court for the first hearing. You should not take your son.
At that hearing, you and your ex will go into a meeting with a court appointed official known as a CAFCASS officer. Your ex will be asked why he has made the application and you will be asked why you contest it. You will be encouraged to make an agreement but if you are unable to you will go before the District Judge (DJ) who will give directions/orders. He/she will order the CAFCASS officer to prepare a report which will involve meeting you and your ex separately (and probably you with your son). You may have several meetings with the officer and then he/she will prepare the report and give recommendations and will then file it at the Court and give you both a copy. You will then both get the opportunity to prepare statments to file at the Court and at this point you may wish to consult a Solicitor for advice or assistance in preparing the statement. There would then be a further hearing and the DJ may then make an order in relation to your ex's application for a Contact Order.

You obviously need to emphasise your concerns from the very first appointment, ie your fears that he will abduct your son and remove him from the jurisdication (ie England and Wales) and you could seek a Prohibited Steps Order which would prevent him legally from removing your son.

If you need any further advice there are quite a few family lawyers who hang around on here.

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