If they're a legal aid barrister then they're probably making less to be there than the court usher. So it's very important when you are a litigant in person to keep them as busy as possible, the extra work won't result in higher fees. Make them resent the whole case and feel the need to cut corners.
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Letter has arrived
- Thread starter MountainGoat
- Start date
New joiner to this Forum who has spent the past 3 years litigating similar allegations in the Family Court and Family Division of the High Court. I hope my advice helps. Ultimately, this is going to be a tough battle but if fought properly can yield results and possibly help direct proceedings towards a consent order.
If your ex (the mother) makes more money than you then you can ask her to pay your legal costs (even in Children Act proceedings). Check out these articles:
Legal Services Payment Orders in Children Act Proceedings - Becket Chambers
Philip Newton discusses the statutory Matrimonial Causes Act jurisdiction to make LSPOs in Children Act proceedings
becket-chambers.co.uk
Legal Services Payment Orders
All clients must consider how they will fund their costs, but for some, a lack of funding options can pose a true barrier to the receipt of adequate legal representation. With the UK inflation rate at 9.9 per cent (at the time of writing) and interest rates rising monthly, funding is a growing...
www.farrer.co.uk
Regarding the property
I am not sure if the other parent (mother) has applied for an occupation order?
Where the court has made an occupation order under FLA 1996, ss 33, 35 or 36, it also has the power, either when the order is made or at any time thereafter, to impose additional obligations on either party. Additional orders can not be attached to an occupation order under FLA 1996, s 37 or 38.
If you meet the eligibility criteria (ss 33, 35 or 36) you can ask the court to ask the resident parent (mother) to pay you 'occupation rent' for excluding you from your property (to which you have equitable right to).
Alternatively, you can file a TOLATA 1996 claim through the County Court and they will have to pay you occupation rent or mesne profits. If your ex asks for the TOLATA claim to be transferred to the Family Court you can ask for the fiancial remedy proceedings to be stayed until the TOLATA claim is settled or the Family court will be forced to hear the TOLATA claim under the same grounds as what the Chancery Division of the High Court would do (when a TOLATA claim is raised the Family Court cannot ascertain equitable rights to a property under any other grounds).