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Cost of withdrawal

  • chelsea02
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11 Apr 12 #322983 by chelsea02
Topic started by chelsea02
After nearly 3 years of fighting through the courts to see my three kids I am exhausted at not getting anywhere except for seeing two out of three of them once a fortnight for 3 hours and even then the two I am seeing have been brainwashed so much that they hardly talk to me. Also my ex constantly tries to breach the order by for example moving the pick up location, saying they were ill after I have turned up etc.

I have a childrens'' hearing next week and I''m planning to say I wish to withdraw my application for contact in the hope that my ex will calm down and allow me to be a father (not that I hold out much hope of that to be honest!).

I have read in more than one place that costs could be awarded against me if I withdraw. She is on legal aid and I am LIP. Any advice please as that would really finish me off...........

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11 Apr 12 #322988 by dukey
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Costs orders are very rare in child contact cases even more so when the other side is publicly funded, if you contact the other sides solicitor ask if you withdraw will they attempt to claim costs, the answer will almost certainly be no, even if they did a judge will be far from keen unless exceptional circumstances exist.

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11 Apr 12 #323034 by somuch2know2
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Chelsea02

I read your post and I am already dreading the process I am in the start of. I dont want to fight for the next 3 years to force something, yet I dont want to be totally alienated.

Like your x, mine is a complete arse and her bitterness is blinding her to being a decent person. She has deliberately refused me contact and has poisoned the kids against me. Part of me wants to just surrender but the other part makes me want to fight.

Sorry you didnt get resolve

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