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Going through courts without solicitors! Please help

9 replies

Katecait · 06/05/2017 15:21

I’m a mother to a five year old gorgeous little boy who is the love of my life. I’m in a horrific situation and I was hoping to get some advice. To make a long story short I have been a stay at home mother for the duration of four years. I didn’t know my now ex very well but fell instantly in love with this charming man and four months into our relationship I was engaged and pregnant. It all seemed perfect. Over the course of the years the relationship turned abusive as, when the baby was born I decided to put my career on hold to stay at home with my son. Before that I used all my savings in order to secure the whole deposit for a flat which we bought in joint names. During the course of the years the relationship escalated to physical abuse. I felt extremely embarrassed by the whole thing as outwardly we were a ‘normal couple’. It got so bad I decided to take my son to my family in Scotland after a tirade of abuse. To my chock I got to know that my partner was seeing other women (from Tinder) through receiving his messages up on my ipad whilst being away in Scotland. I was absolutely devastated as I realized that our already broken relationship was beyond repair at this point. I decided to stay in Scotland and enrol my son in school there as I realized our relationship was over. I felt I had done my best to keep my family together but failed through years of abuse. I felt it was the best way to separate as my child would at least have our family and friends around, which I figured would be the best and least disruptive way for my son to go through a family breakup.

I decided on returning to London during my sons half term for my son to see his dad. During this stay I got assaulted again. I said I would call the police, but changed my mind and made a stress call to the domestic violence help line instead. My ex heard me on the phone and assumed I was speaking to the police so he quickly rushed to call the police and lied to them and told them that I had assaulted him! When they arrived, to my chock, I got arrested instead of him! After this I got charged and convicted for a bite mark made in self-defence, in order to get him off me. I then got barred from going back to my flat where my son was and since then I have been struggling to get him back. My ex seized our mutual funds and quickly hired expensive solicitors including QC’s in court and applied for full child custody and got through a prohibited steps order preventing me from getting my son back, whilst I have had no other choice than to be a litigant in person. It’s been an extremely painful and humiliating experience. I am so worried for my son and I am way beyond grief.

Even though I have been assessed as a high risk victim of abuse and had to live in a women’s refuge the court has not recognized this as I have been a litigant in person. The courts have so far favoured the ex even though I have been a stay at home mother for over 4 years! My child has now also been subject to violence now when I am no longer in the home and the courts are not doing anything about this. It feels as if I’m living in a nightmare. The courts have been divided but persuaded by the fact that that the father has had the money to pay for solicitor and barristers whilst I have been in person, which I propelled him in gaining in the first place, as I took a back seat in my career during 4 years. My ex has done all of this in order to gain full proceeds to our jointly owned property whilst his idea of parenting is to stick my son in front of the TV or computer. This has been extremely traumatic and has emotionally harmed my son who has cried his eyes out wanting his mummy back. I feel absolutely drained and distraught by this horrific experience.

I have not qualified for legal aid as I own shares to our property and have already used up all pro bono advice offered in court.

OP posts:
Katecait · 06/05/2017 15:22

struggling to get my child back from an abuser. Please help!!!

OP posts:
Mc180768 · 06/05/2017 18:42

Hi Op,

A terrible situation. Family Law can be a hell hole. I was in it myself for five years.

Firstly, some support may well benefit you. MatchMothers offer a safe place from other mothers apart from their Children. This can be a traumatic time for Mothers. So its important if you feel totally alone you reach out.

In terms of the Legal requirements. Has your ExP got a residency order? I am somewhat unclear. Are any contact arrangements in place ordered by the court for your child to have contact with you?

Has a legal aid assessment been undertaken for you by a solicitor? Have CAFCASS completed a report?

Has a final hearing been heard?

While you are wanting a different outcome from tbe current arrangements, it is not going to happen quickly.

And the larger problem, I do understand though, is you have a conviction for assault.

I would certainly take some advice from another lawyer with a free initial consultation. LiP is not recommended for such complex issues.

In the meantime, contact with your child should remain a priority in a calm and quiet manner.

JanetBrown2015 · 06/05/2017 19:22

Terrible situation. Pity you bit your husband. Anyway have to move forward now. Presumably you can work full time near where your son lives now as you have no childcare obligations and show the court you have a steady full time income. Secondly you could apply for a sale of the property as it is in joint names and you are not married. your ex I tink would try to use the Children Act as a resident parent to seek to prevent the sale which might leave a child homeless but it still may be worth a try.

Have as much contact with your child as you can even if it sonly attending all school parents' evenings, open days, concerts, sports days etc.

RedHelenB · 07/05/2017 07:32

What are the current contact arrangements?

Familylawsolicitor · 07/05/2017 07:36

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Message withdrawn at poster's request.

Katecait · 07/05/2017 14:00

Thank you so much for your advice, I will look into these banks. I have previously applied for bank loans from two other banks but didn't qualify. It's held at the CFC. Many thanks for the advice!
Kate

OP posts:
Familylawsolicitor · 07/05/2017 15:46

This reply has been deleted

Message withdrawn at poster's request.

Katecait · 10/05/2017 14:15

Thanks for the advice. I allready tried Bindmands and Goodman Ray solicitors but was not granted legal aid as I own shares in the property. I will try Freemans. Many thanks!

OP posts:
Familylawsolicitor · 10/05/2017 18:16

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