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Family court experts

1 reply

Mazy34 · 27/07/2024 00:45

Hi, so ive had a long court battle with my ex who has gained ft custody, following our divorce my contact was cut off, children were deliberately alienated from me, I had a solicitor but I feel they let me down as I feel they should have brought contempt proceedings immediately but didnt advise me about this and even failed to file things requested by the family court judge...

4 years later, I have a diff solicitor, now this court has said in their directions orders months and months ago, permission is given for pt 25 applications, which would be psychologist assessment , this would be used as evidence at a final hearing, to prove my case and fight for child access against the alienating parent, especially since Cafcass have been such ..... towards me and love to deny the facts.
My solicitor NEVER even mentioned this type of expert to me and I found it from the court order and the barristers advise to me, 4 months ago, now since 4 months ago I have told my Solicitor please make the application for psychologist expert, they neither refused it but didnt do it either!
I had a court hearing last week, and I told judge, look my solicitor has not been making the applications that I want,
SOLICITOR has now said to me, I will apply but I need legal aid granted first, and this will all take months!!

OKAY so put in the application months ago then in time for the final hearing!
My situation now, I feel I have been denied this opportunity or right for experts because my solicitor hasnt put this in time,

What would I do?? I have to attend this final hearing in a few days, but there will be no psychologist experts, and Cafcass are not experts in psychology of parents and children!.

I feel like hitting a brick wall, all solicitors have failed me or let me down, not put in applications in time, or failed to file evidence, arent they meant to be on my side and fight my side not the other side!

Im so angry, I feel like walking away from my case because my own solicitors want me to lose.....

:( Complaining to them gets nowhere as they make excuses, and dont care tbh.

Is it too late to instruct different solicitors and or they might be just as bad to put it mildly, im tired of them up my chances of success.

OP posts:
Collaborate · 27/07/2024 08:44

The problem is you have legal aid. The rates are below minimum wage when you factor all office overheads in to the equation. That means your solicitor has to keep many plates spinning.

Also your solicitor needs the express permission from the Legal Aid Agency to incur the cost of the psychologist. That’s not straightforward. I don’t know how long it takes to get these days as I last did legal aid over a decade ago (most solicitors don’t touch it with a barge pole) but it took a number of weeks back then and I’d imagine it’s got worse.

Another issue is that the LAA will only pay the psychologist at rates much below market rates. That results in it being hard to find one who will do the work.

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