Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Not looking for legal advice, need help paying a lawyer in the USA

30 replies

Room101isWhereIUsedtoLive · 26/06/2020 16:49

And thought the wise women on this site might know a way of doing this.
I live in the UK but my children reside in the USA with my ex-husband.
He is using covid-19 as a means of blocking my access to them, despite what we have agreed when we divorced.
I need a lawyer to help me enforce the agreement but I am not entitled to legal aid, as I don't reside in the USA.
So has anyone got any clever ideas on finding someone who might do pro-bono?
I have tried exploring this avenue before, with no success.
Just hoping that someone here might have a suggestion for something I haven't thought of.
And please, people reading this, if you are considering a move abroad and you have children with the person you are moving with, research the Hague Convention and what it could mean for you.

OP posts:
VimFuego101 · 26/06/2020 16:54

Have you tried reunite.org for advice?

Avvo.com is good for US lawyer recommendations but I doubt you'll find someone to do it for free; the going rate is at least $200 per hour and there's no concept of the free initial half hour that you can get in the UK.

Room101isWhereIUsedtoLive · 26/06/2020 17:34

I've tried Reunite previously. They don't help separated parents, only parents who have had a child 'abducted'.
I have had a legal consultation, a free hour but to retain the services it required a three thousand dollar retainer to get them to take on my case. I don't have that kind of money going spare.
When in the states visiting my children, I have reached out to so many different organizations, to try and find some legal help.
Have literally found nothing.
There is a group called GlobalArrk and they are very good at being caring and supportive in regards to your situation (it was founded by someone who had experienced the same kind of legal trouble) but they don't have the resources to support people with any kind of legal angle.

OP posts:
HorseradishSnowflake · 26/06/2020 17:42

Have you tried University Law departments? Sometimes they run free services to give students ( the nearly qualified) experience, but this is fine with the support of a qualified solicitor. Otherwise I was going to suggest GlobalArrk too, could they use their network to put a plea out for you?

HorseradishSnowflake · 26/06/2020 17:42

Done not fine!

Room101isWhereIUsedtoLive · 26/06/2020 20:09

I really don't think that GlobalArrk can help me.
I was at a meeting with them when my ex emailed to tell me he was moving my children 500 miles and there was absolutely nothing I could do to prevent that from happening. Even with a lawyer, as he was moving for work, there's no way a judge would have seen a challenge to that as a reasonable move.
I have tried universities before, but I am going to try that again.
Just think it's probably too complicated to benefit someone doing a law degree. But I will investigate that route again.

OP posts:
Room101isWhereIUsedtoLive · 26/06/2020 20:16

Just filled out the form for a legal clinic on one of the uni's local to them.
Please anyone who is reading this, keep your fingers crossed for me please. .

OP posts:
Purpleartichoke · 26/06/2020 20:19

As a resident of the US, it doesn’t hurt to keep looking, but realistically, you should also be finding a way to come up with the retainer. Your case is complicated and would take up a lot of resources at a pro bono organization. If they can help you or 10 people, they are likely to choose the 10 easier cases. It is awful, but efforts might be better spent trying to pick up a second job to cover the fees.

My very simple divorce with no children ended up costing me 10k just because my ex wanted To be difficult. We had less than 20k in assets to split so it cost more than my half to get out of the marriage. It was worth every penny, but it was a tough time.

mathanxiety · 26/06/2020 20:21

Just marking a place and will be back later with suggestions. I am in the US.

Your ex was trying his luck when he said there was nothing you could do about moving your children 500 miles away because of work, btw.

Room101isWhereIUsedtoLive · 26/06/2020 20:57

It wasn't my ex who told me I couldn't challenge it.
I did my own research and without some kind of assistance in a legal manner, such as filing motions in family law, done in person or by representative at the court, for the state they were living in originally.
Moving for a job and income is a valid reason in family court, for it's the material way of supporting the family.
But now they have moved, I can't even establish which court would oversee the case, the original place we lived or the place that they have moved too. .
Also between states, there is a huge difference in laws and such like.
In Louisiana, if a women commits adultery, the children are automatically given to the husband, if they divorce.
At least that was the case when I was living out there.

OP posts:
Room101isWhereIUsedtoLive · 26/06/2020 21:09

I would love to get a second job, but I spend the majority of my life in physical pain, I am just about managing 9-5 in an admin NHS role.
Have attempted to get bank work within my trust, but those ad-hoc positions are 98% in the hours I already work and the very few in the evenings or weekends, are snapped up as soon as the email hits people's inbox.
I've thought about putting it all on a credit card, but not sure how much help I would get, as the limit on my card is relatively low, but it might get something I guess.
Then transfer the balance to a zero interest card.
Yay for 2020!

OP posts:
StCharlotte · 27/06/2020 00:22

Am I right in thinking access is an on going issue? Only I'd have thought Covid-19 was actually a very valid reason to suspend access, especially as the US and the UK are two of the worst affected countries.

My apologies if I've got the wrong end of the stick.

SeriouslyRetro · 27/06/2020 00:29

What was the agreement that was drawn up? In what way is it being violated?
I’d echo the previous poster in saying that covid really is exceptional circumstances right now, I could understand your husbands reticence in sending the children on a plane to the uk and having no guarantees of them returning to their primary residence.

Room101isWhereIUsedtoLive · 27/06/2020 09:08

Actually I was meant to travel there. He refused to book the flights as it cost too much money. I am allowed into the US, as my children are permanent residents. Under our agreement he covers the cost of the flights.
And yes it is an ongoing issue. For years he has denied me a decent amount of time with them.
But now, not getting to see them at all this summer, it's one step too far. I understand that we are in an unprecedented situation. But under the terms of our agreement, he books the flights. As we havejoint legal custody, I am supposed to be able to visit them as much as as I like, but he has never respected that. He is a very controlling person.

OP posts:
Room101isWhereIUsedtoLive · 27/06/2020 09:09

And please don't call him my husband. He is my ex husband and a burning thorn in my side.

OP posts:
ScottishStottie · 27/06/2020 09:14

So did you move back to the UK and your ex husband has the children in USA? Or did your ex husband move them to USA?

Room101isWhereIUsedtoLive · 27/06/2020 09:25

We were living in the USA and I moved back to the UK, as the only way of remaining at that point in time, was to remain married to him. Which I couldn't do.
I should have fought for the children, but I didn't have any money and I tried to be agreeable at the time, as I thought it would benefit our relationship going forward.
Anyway, I have met women who did fight and ended up with much less access than I am supposed to have. So glad that I didn't.

OP posts:
dontdisturbmenow · 27/06/2020 10:24

If you work, you must be paying maintenance. Can you stop paying it one month and use it to pay for your flight?

Room101isWhereIUsedtoLive · 27/06/2020 11:26

I'm not paying maintenance. His income is significantly higher than me. We agreed I wouldn't be eligible for alimony and that I wouldn't pay maintenance in return.

OP posts:
ScottishStottie · 27/06/2020 11:33

What would it take for you to move to USA as an individual (so not spousal visa etc) and then be at least in the same country as your children?

Tbh this is what i would be spending energy figuring out, not the cost of flights.

Room101isWhereIUsedtoLive · 27/06/2020 12:33

You think I haven't researched this? It won't happen unless I marry a US citizen. I could have moved to Ireland and applied for the green card lottery after living there for three years.
When my children are adults, they can sponsor me to move over.
But as I am in my current circumstances there is no legal way of doing so. So I could do it illegally I guess...

OP posts:
VimFuego101 · 27/06/2020 13:37

I assume that you were on a spouse visa. Did you start the green card process while married? Was there domestic violence involved? (Because there are some provisions to allow you to apply for a green card as a self petitioner in that situation).

Room101isWhereIUsedtoLive · 27/06/2020 14:01

Yes it was a spousal visa. No actual violence but he was mentally and financially abusive. But I have no evidence of this.
So I am guessing that that won't be applicable.
He is very intelligent, much more capable than I am. My children are happy, mostly.
I just need to find a way to make him abide with the legal agreement that we have.

OP posts:
HorseradishSnowflake · 27/06/2020 19:27

I am so sorry you are in such a difficult position. I hope someone can help. I believe you, and don't doubt you have been forced into this position intentionally by a controlling man with more resources than you. Keep any relationship you can going with your children, face time, calls as often as possible ( I'm sure you are) and one day they may well pressure their father over the lack of physical contact. Good luck xx

cdtaylornats · 27/06/2020 22:31

Try talk.uk-yankee.com/

there are US lawyers on there

mathanxiety · 28/06/2020 07:16

You mention Louisiana - is that where they live?

If you can post the state where they used to live and where they are now, I may be able to find some agency that could help.
*PM me if you prefer.

Is your custody and visitation agreement one that was approved by the court?
Did you have legal advice when divorcing?

Are your children dual citizens (US/UK)?

What exact visa did you have to enter and live in the US?