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Can somebody advise me how much it would cost in legal fees for a 'removing a child from jurisdiction' court case?

4 replies

ShowOfHands · 19/06/2008 10:33

For a friend.

DF and her DH want to move with their children, two from a previous relationship. Her xdp will object. She is going to have to self litigate as no entitlement to legal aid. How much would she have to raise to pay a lawyer to represent her?

OP posts:
ShowOfHands · 19/06/2008 10:47

Shameless bump.

I knew I should have put anal sex in the title...

OP posts:
mumoverseas · 20/06/2008 06:55

sorry to be the bearer of bad news but it could be very expensive, depending on how unco-operative her ex is. Assuming they were married and/or he has parental responsibility she will need his consent to remove them from the jurisdication. If he agrees in writing (my ex husband did), fine, no worries. Her first course of action would therefore be to write to him herself and seek his consent. If/when not forthcoming she should make an application in her local County Court for a S8 children act order (specific issue) to remove the kids from the jurisdiction. She could attend the office at the local court and collect the forms which she could complete herself and get issued and served on him. There is a fee but I'm not sure what it is at the moment as I've been on a career break for 2 years (from being a family lawyer). When I last practiced I think it was about 150 pounds) Once issued she will get a first court appointment when she and her ex should both attend and explain to the CAFCASS (court welfare officer) why she wants to remove the children. He would then get his say. If it is possible to reach an agreement (by way of a sort of mediation with the CAFCASS) then great, she can get an order. If not there will be a further hearing (or more)and the judge will almost certainly order the CAFCASS to prepare a report. In some areas this can take up to 12 to 16 weeks so your friend should not hang around in issuing an application if her ex is an arse! To be honest, she could probably deal with the first, and maybe the second court hearing herself in person. (the court staff tend to be very helpful to litigants in person and the judges tend to give a bit more leeway). Only if the application continues to be contested should she have to think about instructing a solicitor to represent her. Good luck!

ShowOfHands · 22/06/2008 10:36

Thank you so much for replying to me. She has a court date set as you detailed above. Briefly, without giving away too much detail, ex is as you described, an arse. This is putting it mildly. It is absolutely the best thing for the family to move. Her dh is from the country they want to move to and has lots of siblings, nieces and nephews as well as his parents and grandparents. There is guaranteed, skilled work for both of them which they cannot get in this country. They have researched schools, homes, cost of living etc. They are extremely well prepared. Her ex (dp not dh but has parental responsibility) is at best misguided, at worst poisonous.

My concern is that my friend is very shy, still finds it very painful to be in a room with xdp and clams up easily. She's asked me to go with her (Mack something friend??) but not sure what I can do to help. I think I can whisper to her and give her hints as to what to say but I'm worried that between us we might ruin what is the best thing for her family.

I'm reassured that you think self-litigating might be a good thing in the circumstances. I know that her xdp will contest until the bitter end.

OP posts:
Judy1234 · 22/06/2008 11:22

How old are teh chdildren? I am not always sure it is good to move children away. Woudl she like it if her ex said he was going to move them away such that it would be much harder and more expesive for her to see them? She needs to put herself in his shoes even if she does find him annoying.

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