I was a respondent in a day to day care case. My lawyer did…

Hi I am looking at making a complaint to the law society, however it is much more complex than what I have already written. The counsel for child was aware of the affidavits, and mentioned in an email to my lawyer that they should have been filed in the courts as the father was already making contact very difficult at that stage. However she still knowingly backed the other party despite her awareness of the real facts. She also went out of her way to influence a Senior Practitioner at Child, Youth and Family before they shut me down again. I have recovered well from the stroke, and am still taking warfarin, but I have not been able to return to work for the past 10 months as a result. I do not have any legal representation, but wanted to know more before I took it further.

There is more to this case that I haven't brought to the discussion yet. The lawyer who didn't file my affidavits also sent me a letter stating that the father had "reformed". Since the father has had the child he has been charged with violent offences (including ramming his car into the victims and concussing him, threats to kill, and theft). We were at his sentencing and the judge was advised that he also had an addiction to benzodiazepines. In the meantime I have been on sickness for my stroke and lost income over the past 10 months. Can I sue for damages?

I would also like to know if the case can be thrown out due to my lawyers incompetence, and the fact that the counsel for child did not speak to the child. She mentioned this several times in her reports. So do I make a civil claim,and how do I go about that?

That does surprise me given the behaviour of the father, and the affidavits that she was aware of that would've alerted any reasonable person to the fact that the child was in danger. I have been trying to reopen the case, but no-one in Nelson are willing to take this on? In fact counsel for child screamed at me and told me "No you are not going for day to day care"! The other reason was another lawyer advised me that because I hadn't seen the child for 3 years (due to the father breaching) there was little chance that I would get day to day care? This was before she knew about the missing affidavits. She has in fact put an application for leave of the court, and the judge has said there are "issues" relating back to the previous contact order and my reputation once again has come into question due to heresay and lack of support from my previous lawyers. They are still trying to stop this going to court. My lawyer had a run in with the court officials because she believes that I should not have to reapply for contact as I already had an existing one that has not been suspended.

Lawyer for child was in 2 minds at one stage of the proceedings. She even went so far as to suggest she be taken off the case so that the whole thing could be viewed from a different perspective, and getting a second pschological report done. How do I go about making a civil claim?

Hi thank you. No I would need representation.

Suggestions would be good. Thank You

Thank you.You have been most helpful.