do I sack this solicitor, or stick with them?

[Nighbynight]

In January, ex h was round at my house, pushed his way in despite me telling him to leave, hit me a few times, was looking for dd1 to hit her etc. Anyway, teh police were called and he ended up in prison.

The same week (first week in Jan) I went to see a solicitor and asked her to make an application for parental responsibility, also to have the emergency order that ex mustnt come near us, made permanent.

I then heard nothing from her for about 2 months. (during this time, ds was in hosp, and I had a new AP who had visa probs, so my attention was taken up.) Anyway, in March, I started sending emails to solicitor, asking for progress reports, requesting meeting to discuss what she had done etc.

Last week, ex h was released from prison.
Today, I learned that he has made a court application for 2 of our children to go and live with him.

I feel that I need a solicitor who acts quickly against him. Should I now sack her and get another one, or is there something else I havent considered?

She has produced nothing written for me yet. She told me she had written a letter about another matter for me, but I have heard nothing from the person, and she didn't give me a copy of the letter. It is a small claim for around 1,500 euros, but not as important as the parental resp stuff.

I feel she has been really unprofessional, and I should cut my losses and run. what do other people think?

I'm not really sure I understand this post. Are you the mother of the children? If so, you don't need to apply for parental responsibility, you have it already.

sounds like you need to sort out contact/residence/occupation orders and non molestation orders.

If your solicitor isn't able to explain this to you that isn't a good sign. Nor is the failing to keep in touch. I know solicitors are often very busy but I agree it is worrying if they let things go to sleep like this.

But if the ex h has ended up in prison because he was violent to you in the presence/earshot of any children, his application for contact/ residence is going to proceed pretty slowly so i think you've got time to look for a solicitor you feel more comfortable with.

i think you may need to see citizens advice bureau (and def sack the "sol") a big bonus is that CAB give free legal advice- when you first see them, there is an assessment so that they can see who, on their team so to speak, is best placed to help you.

if their father is named on the birth certificate, he may have pr but as he has been inprison for dv then i am not to sure how this will affect things.

good luck sweetheart xxx

Yes, sack her but not sure where you can go for good advice - you mention Euros so assume you aren't in the UK?

Hi, thank you for replying. yes, edam, I am in germany. Parental resp must be decided by teh court, and my docs from the Uk aren't valid, because they do not include a court order.
We already have the non-molestation orders etc.

It sounds like a no-brainer to sack teh solicitor, I was just wondering if anyone would suggest anything that I havent already thought of.

Actually, I am FURIOUS with the solicitor that she had 3 months to make the application, and she blew it and let ex put in his own application.
He should not get even a sniff of parental resp considering his record (abandoned children in 2 countries, history of violence), but courts can do funny things in the name of fathers rights, so I am a bit worried.

Since you are an incredibly busy woman, yes, I would sack this lawyer and get one who understands that you just cannot chase her/him - you need the work to be done with as little input from you as possible.

This might mean employing someone younger/more junior with less work and fewer pestering clients.

Otherwise I suppose that chasing your lawyer will have to move up your list of priorities... might that be hard?

lol yes v hard! It is not just chasing her, but checking the work she does, because now I dont trust her. I just hope I manage to find another one tomorrow, because they arent exactly queueing up to take on a case for an immigrant single mother.

Sorry, I had assumed you were in the UK. that does make it more difficult. The only thing I can think of is that personal recommendation is often the best way to go, but I'm guessing you maybe don't have a big network of people to ask if you are not a german native??

Maybe if you tried a more specific thread title about being in Germany? I have seen a few posters who for eg say they live in Berlin so somebody might know someone good and they could put you in touch.

Go on the Law Societys website and search for a solcitior in your area. As a solicitor myself i think her behavious has been terrible, especially in such a sensitive area! If you ae unhappy with her, write to their Managing partner with your complaint and it should get sorted pretty quickly.

thank you!
pinkali, Im in Germany. She was already the 3rd solicitor I had tried - got turned down flat by one family sol who refused to take my case on, and brushed off by the receptionist of another.
Being an immigrant is a very hard life sometimes.

I have now got another solicitor who acts quickly, but I dont see eye to eye with him. I told him I that my children want to carry on seeing their father, he told me that I should apply to have visiting rights stopped (ex is a v bad dad).
Will have to bend him to my will, but really it shouldnt be a fight!

o for goodness sake! He takes YOUR instructions, unless you are obviously mad. He's entitled to say 'well my advice would be to do x, y, z' but he should follow your instructions.

spero, I gave him my instructions....in germany it can be quite tough for women, once you move out of the domestic sphere into the office. That was why I chose the other one, she was sympathetic to single mums!

It sounds a bit weird by UK standards, I must admit. I am in a very conservative corner of europe, the homeland of the current Pope to be precise.

This sounds awful. Do you have to stay there?

Don't know if it'll help, but have you tried contacting the embassy for a list of approved solicitors? I used to live in Vienna and needed a family solicitor and they had a list of solicitors who were used to dealing with Brits abroad.

Still go on the website because it will show you approved eng solicitors or eng speaking sol in that country!

There is a sol that specialises in english people around 30 km from us, but round here it's possibly more politik to have one that speaks the local language (bayerisch). speaking German is not such a problem, actually.

spero I ask myself this question often. We are a lot better off financially here than in the uk.