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Legal Aid
#1
Hi

I have been separated from my partner for 3 months now and have been taking our 2 and 3/4 out at weekends just during the day, but I feel my ex partner is going to try and stop that.

My name is not on the birth certifcate but I would like to see him more and have a say in his wellfare.

Does anyone think I could get legal aid, I earn just above the living wage.

Thanks

Adam
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#2
(10-19-2016, 09:14 PM)adamq Wrote: Hi

I have been separated from my partner for 3 months now and have been taking our 2 and 3/4 out at weekends just during the day, but I feel my ex partner is going to try and stop that.

My name is not on the birth certifcate but I would like to see him more and have a say in his wellfare.

Does anyone think I could get legal aid, I earn just above the living wage.

Thanks

Adam

You can not longer get legal aid for this type of action in England and Wales.

You can apply to court and Self Represent (most of us on here had done this) for PR, but your going to need Mediation before you can try to get contact on court order.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks mate just signed it, not seeing my son today because she says he is being sick, dont know if she is telling the truth or not.
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#4
(10-22-2016, 08:51 AM)adamq Wrote: Thanks mate just signed it, not seeing my son today because she says he is being sick, dont know if she is telling the truth or not.

This is why I never advise to accept sickness clauses on Mediation Agreements or Court Orders, as they are open to miss use. What might be next is a phone call to CMS, saying the number of nights has gone down, so Child Support would review it if you have dropped down a bracket.

What you need to say if its brought up (as without any mention of it, the Court order stands, or Mediation Order is breached if contact does not happen), is that should the child be ill, that your ex needs to inform you.

You will make the decision, based on
1, what the issue is
2, will it affected your planned activity's during contact (and this is why it needs to be your decision, not hers as she will not know this)
3, if there is more than 1 child, would it spoil the contact time for the other child.

As part of this process, you might want to speck to the child, either in person or telephone, and also consider the child's what the child wants, as it is normal for a child sick to want their mum.

If contact does get cancelled due to illness, and you do not want to wait for example 2 weeks till next time, you could always request you see the child sooner, for example a visit in the week for play and dinner. Ex partners will often say its not in the court order, but that is only time what can be enforced. The fact is she can put the child in any ones care for babysitting, and there is nothing wrong with it being you. In my own case, our court order says "And any other times as agreed between both parents".
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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