oh karma might be approaching ...

[NewcastleBrownAle]

so I have a DRA coming up, I have engaged a barrister, who shared some very interesting info.

In my case, I largely agree with the final cafcass report and their recommendations, where as the Ex is opposed to them.

She gets legal aid, I don't.... but....

If she refuses to come to an agreement based upon the cafcass final report then it will go to a contested final hearing.

Legal aid won't support someone who is challenging a cafcass report without good rationale and robust evidence. So my ex will have to contest it alone.

Oh dear, can't wait for that penny to drop.

Meanwhile, whats the going rate for a DRO barrister for a full day of contested hearing in a district court, anyone have any rough idea?

 

[nothernsoul]

Where have you heard this?

I can't believe that's true.

 

[DadLad]

so I have a DRA coming up, I have engaged a barrister, who shared some very interesting info.

In my case, I largely agree with the final cafcass report and their recommendations, where as the Ex is opposed to them.

She gets legal aid, I don't.... but....

If she refuses to come to an agreement based upon the cafcass final report then it will go to a contested final hearing.

Legal aid won't support someone who is challenging a cafcass report without good rationale and robust evidence. So my ex will have to contest it alone.

Oh dear, can't wait for that penny to drop.

Meanwhile, whats the going rate for a DRO barrister for a full day of contested hearing in a district court, anyone have any rough idea?

I can't see that happening. The judge will go with the Cafcass recommendations or try to find a middle ground, unless her legal aid solicitor has a very strong case to dispute the recommendations (which is highly unlikely)

What are the recommendations?

 

[NewcastleBrownAle]

I can't see that happening. The judge will go with the Cafcass recommendations or try to find a middle ground, unless her legal aid solicitor has a very strong case to dispute the recommendations (which is highly unlikely)

What are the recommendations?

pretty much what I'm asking for - alternate weekends, half of holidays, alternate xmas , nothing unusual

Respondent doesnt want any contact at all, or supervised only

 

[NewcastleBrownAle]

Where have you heard this?

I can't believe that's true.

it is true and my legal team told me

 

[Nanaforsonsjustice]

so I have a DRA coming up, I have engaged a barrister, who shared some very interesting info.

In my case, I largely agree with the final cafcass report and their recommendations, where as the Ex is opposed to them.

She gets legal aid, I don't.... but....

If she refuses to come to an agreement based upon the cafcass final report then it will go to a contested final hearing.

Legal aid won't support someone who is challenging a cafcass report without good rationale and robust evidence. So my ex will have to contest it alone.

Oh dear, can't wait for that penny to drop.

Meanwhile, whats the going rate for a DRO barrister for a full day of contested hearing in a district court, anyone have any rough idea?

Could you let us know how this works out. My son’s ex refused to agree with cafcass recommendations so it’s going to a contested final hearing. She has legal aid he is paying for DAB. There are no safeguarding concerns and cafcass recommendations were 5050 shared care when child turns 4. She disagreed stating he should only have the child 24hrs once a week cos she has his half sibling with her. If it’s true she can’t get legal aid that will be very interesting.

 

[Ash]

I'll be interested to see what happens! Presumably the Barrister would have to say to the Judge - she shouldn't be getting any more legal aid if she's disagreeing with Cafcass now. I suspect this may be particular to your situation as your ex is refusing all contact and I believe Cafcass were quite damning of her weren't they?

 

[Nanaforsonsjustice]

Having done a quick bit of research I found this on rightsofwomen.org.ukView attachment 2268

 

[Nanaforsonsjustice]

Having done a quick bit of research I found this on rightsofwomen.org.uk

• The chances of you succeeding in your


See our guide Family Court proceedings:


If your chances of success are low then it is unlikely that you will be granted legal aid.

• Whether the likely legal costs for your case are proportionate or reasonable compared to the benefit you may gain from succeeding in your case.
• If the case involves money or property, whether you are likely to win more that the money spent on your case (for example, if you are claiming
  £2,000 from the other party and your legal costs are likely to be £3,000 then the merits of your case are low).
• Whether a reasonable person who could afford to pay their own legal fees would use their own money to pay for the case. For example, the Legal Aid Agency generally considers it unlikely that a reasonable person would pay for solicitors and court fees in order to take their child for a short holiday abroad.

It is possible that you may get legal aid at the start of a case where it appears reasonable to continue to argue your case and your chances of success are reasonably good but as the case goes on, the merits of legal aid continuing could decrease.


For example, you may not get legal aid to continue to a final hearing if there are expert reports that make recommendations contrary to what you hope to achieve.

 

[Nanaforsonsjustice]

 

[Oneofmany]

interesting. So do we interpret this looking at COA proceddings?????

 

[Ash]

The difficulty I can see is your side doesn't get to deal with ex's legal aid solicitors and they are the ones who need to tell the legal aid people various things. But if your barrister makes the point to the Judge, the Judge can order the other side (maybe) to inform the legal aid people.

Personally I don't trust the legal aid funded lawyers to report things because they're getting paid!

 

[DadLad]

I don't think my ex will agree to the Cafcass recommendations in the recent addendum report.

All of which are in my favour.

She will most definitely push for a contested final hearing if this is now an option?

 

[Nanaforsonsjustice]

I don't think my ex will agree to the Cafcass recommendations in the recent addendum report.

All of which are in my favour.

She will most definitely push for a contested final hearing if this is now an option?

It would be interesting to see if legal aid is withdrawn for a contested final hearing if the mother is going against the recommendations of a professional and thus there is no merit in them receiving legal aid as they are unlikely to “win” their case.

 

[DadLad]

I'm interested in seeing how this will pan out.

No safeguarding concerns and two professional reports in my favour.

Her only reason will be just because she doesn't like it.

I don't know how that can be disputed

 

[lunico93x]

This is a rare strategic hand grenade against the Legal Aid-armed feminazi brigade. Well worth paying for expert testimony early on if it may end up not just giving you supporting facts but also turn off the taps. I'm mid-way between two FHDRAs (next one will decide if a FFH is required), I am 100% certain an expert witness would mostly agree with what I'm asking of the court.

 

[lunico93x]

I'm interested in seeing how this will pan out.

No safeguarding concerns and two professional reports in my favour.

Her only reason will be just because she doesn't like it.

I don't know how that can be disputed

At what stage did you get professional reports? I have safeguarding concerns from CAFCASS against me, and I obviously have to overturn them. Luckily I have a extensive social services reports made in another country that are just about to be admitted into our proceedings. But I need to get a feel for when is the right time to ask for that expert appointment.

If the judge leans against an FFH, they're likely to go for a Section 7 report, maybe that's the time.

 

[Pj66]

It would be interesting to see if legal aid is withdrawn for a contested final hearing if the mother is going against the recommendations of a professional and thus there is no merit in them receiving legal aid as they are unlikely to “win” their case.

This doesn't make sense though, they are only 'recommendations' she has a right to challenge them.

Who is the one to determine she has a low chance of succeeding? what is defined as success? Who is to determine the contested was a success for herb And she would have had to be told this 'before' the fact.

Barristers and legal teams would have already been in place, so she would need to reimburse legal aid if her case didn't succeed, and as we know, family court are avoidant to awarding costs as not to impact the child.

All sounds very off to me and full of loopholes, it's a nice thought though that I can't really see amounting to anything.

Sounds like all it would take is her legal aid solicitors reporting to legal aid that they belive their client has a strong case and nothing will happen, she won't be ordered to reimburse.