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court costs

  • Miracle
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06 Sep 14 #443797 by Miracle
Topic started by Miracle
Hello,
We have a court haring on the 22nd and my husband is taking me to court over contact. He has regular contact with our child twice per week but hasn''t had overnight contact as I am not comfortable to palm our child from my house to God know where else and then to his dad''s once he is admitting having a house. I did however agreed to have him 1 night to start with and see how it goes providing that if our son is unsettled he will let me know and also bring him back and we can try other time again. He did agree this, however he changed his mind within half an hour saying he much more preffers to have our son from friday until monday as is consistent. Given the fact that our son never stayed away from me overnight I think is only fair on him to have 1 night away at this stage and then see how things are going from there, how he adapts. I totally disagreed with him as is too much disruption for him if we push it for 3 nights.He still pushes for 3 nights.Also my ex put pictures on FB with our son at the other woman child and I feel at unease, this only after couple of month after meeting her. He already had been introduced to her within few weeks. My ex doesn''t pay any child maintenance since we moved out into rented and chased him up on that but he says we haven''t agreed anything so I had to resort to CSA in the end. My question is "would I be able to claim court costs as he is taking me to court of no fault of my own?My solicitor seems to think that we cannot make an application for costs against my ex within Children Act proceedings. The Court would not order a costs order against my ex for bringing these proceedings.I have heard all my friend that gone through a divorce that this can be awarded if the judge thinks is fair.My solicitor said that only for the first hearing I will have to pay her £500 +vat and it scares me as I only get a salary for part time work and tax credits. Thanks

  • rubytuesday
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06 Sep 14 #443799 by rubytuesday
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Costs orders in child proceedings are rare - usually each party bears thier own costs. If sols fees are an issue you may need to think about self-repping and using your sols on àdvisory only basis with a McKenzie Friend for court hearings.

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06 Sep 14 #443804 by Miracle
Reply from Miracle
Sorry what is a McKenzie friend? I am not up to date with the juridical jargon''s. :-)

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06 Sep 14 #443807 by rubytuesday
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If you go to our resource library (under the Tools tab at the top of the page) and search for McKenzie Friend in the search bar, you will find lots of articles written by Forseti which explains about MFs :)

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06 Sep 14 #443808 by Miracle
Reply from Miracle
thank you will do.

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