UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

Is this the same as Legal Aid? My niece is currently

Customer Question
Hello. Is this the...
Hello. Is this the same as Legal Aid? My niece is currently involved in a child custody case, wherein the father has temporary custody. He has also taken a Non Molestation Order out against her. However, yesterday my niece received a copy of a police report that was deliberately withheld at the first hearing on XXX XXX, which states that he did NOT think my niece was a threat and, therefore, we feel this should have been shown at the hearing and would have avoided another Fact Finding Hearing in XXX XXX. It also proves he has been lying. We want to get an Urgent Order 1:1 meeting for my niece and the Judge but the court told us she needs legal representation to look over the document, however, all legal routes are saying they cannot help including the CAB and a private solicitor is too expensive. Please can you further advise regarding Public Funding. Thank you.
Submitted: 1 year ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 45 minutes by:
12/4/2015
Solicitor: Clare, Solicitor replied 1 year ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,491
Experience: family solictor with 25 years experience
Verified

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is the child and what is the significance of this report?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
Hi Clare,
The child is 3 years old and we are trying to obtain legal advice in a custody case and the best way forward, i.e. applying for an Urgent Order to the Court, as previously stated. It is very important. Thank you.
Solicitor: Clare, Solicitor replied 1 year ago

Sorry - I should have been clearer - how will this report make a difference to whether or not there will be a Fact Finding?

What contact does the mother have with the child and what allegations has the father made?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
Sorry, it's too inconvient to talk a right now. The mother has two visitation rights: 1.5 hours twice a week. The father has made allegations that she is a threat to her child because she sent text messages. These were empty threats made in desperation and isolation because he was not being supportive. The text messages were the only hard evidence he had and gave at the First Non Molestation Hearing in November. When the Judge asked for the police report, his case worker said at first she had them but then after whispering with him, she must have left them in the office. The police report clearly states that the mother is not a threat when the police asked him, hence, we feel the whole court process should be thrown out because of this and proves he has been lying. The Fact Finding is not until February. We were hoping that an Urgent Court Order with the Judge would allow the Judge to decide what to do next or if it is worthwhile continuing. We feel that withholding the report at the first hearing, is misleading and delaying the process in order for him to keep the child. As the court process is all about safeguarding the child, this police report proves the mother is not a threat and never was. Thank you.
Solicitor: Clare, Solicitor replied 1 year ago

What is the Finding Of Fact meant to discover -(it will not be about whether or not the father thought the mother was a threat)

Ask Your Own UK Law Question
Customer reply replied 1 year ago
It was decided to have the Fact Finding hearing in XXXX XXXX in order for the father to provide 5 hard facts/evidence that the mother is a threat to him and the child, as the only hard evidence he had was the text messages. He provided the crime reference number but not the report, as stated above and the Judge obviously wants to see this too. The mother has not been legally represented at court and therefore unaware of the process, length and restrictions. The mother has to then respond to his allegations. I've just been on line and to specify, it's an Without Notice Application (Urgent Order), we want to apply for as 'the overriding objective is best furthered by doing so' and they failed to disclose vital information at the first hearing, hence, we would like the Judge to decide whether the Non Molestation Order should continue. We feel it has been a total injustice. However, it is unclear which form to download and complete and the mother was advised when she called the Family Court that she could do this but would need a solicitor to look over it. Thank you.
Customer reply replied 1 year ago
We are waiting for the father's statement to come through regarding the 5 new allegations. He had to hand it into court by today. We feel these will be lies again and that the Police Report proves this. The mother is not entitled to legal aid and hence, I asked if Public Funding was the same thing, however, I think it is! Thanks again Clare.
Solicitor: Clare, Solicitor replied 1 year ago

Sadly yes Public Funding is another name for Legal Aid.

however that doe snot mean that there are not ways forward.

Can you give me a brief overview of how things got to this point so we can see if there is an easier way through?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
I think we just needed to know if we get the Without Notice Urgent Order, would the Judge then be able to throw this out of court as he has all the facts. As Cafcass are involved, we cannot divulge any other information but I can state the main reason for the Non Molestation Order is to safeguard the child and father, but as stated above the Police Report that was not disclosed at the hearing shows that he was lying. Apart from the texts, there was no other hard evidence. Cafcass became involved because of this. Is it an N244 form we need to complete and does a solicitor have to look over it or can we complete and send to the court? Thank you.
Solicitor: Clare, Solicitor replied 1 year ago

Actually it is more complicated than that.

What I was trying to find out is if there was an incident that led to the applictaion - or is it based on a "pattern of behaviour" - this is important to ensure that actions taken now are not used against her.

Could you also confirm whether the Fact Finding is part of the Children Act applictaion - or the Non Molestation proceedings - the forms are different depending on the answer - and neither are the N244

Ask Your Own UK Law Question
Customer reply replied 1 year ago
The Non Molestation Order is separate from the Children's Act application although it is this Non Molestation Order that is keeping the mother from seeing her daughter (or having very limited contact). It was due to an argument sent by texts messages that the mother sent which were threatening and abusive. However, the Police Report states that when the father was asked by the police whether they felt the mother would carry out the threats, he said no, hence, now we have a copy of this police report, that was withheld at the First Non Molestation Hearing in November, the mother wants to speak to the Judge on a 1:1 basis - a Without Notice Urgent Order to state her concerns about this, as we feel it should have been thrown out of court if the police report had been shown. We do not feel there should be a further Fact Finding Hearing that is due on XXX XXXX. The mother has now received his statement regarding the next hearing on 17th February which basically shows no further facts from the first hearing. Thank you.
Solicitor: Clare, Solicitor replied 1 year ago

is the Fact Finding hearing part of the Children Act application or not?

If it is a part of the Non Molestation proceedings the form is different

Ask Your Own UK Law Question
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9,147
9,147 Satisfied Customers
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,147 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

34,491 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
The police have seiner my cameras as well as computers and
The police have seiner my cameras as well as computers and storage devices. Why do they want cameras when they can take sad cards out. And they have taken my wife's computer and phone but she has no i… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My son met a Slovakian girl and very soon afterwards she
My son met a Slovakian girl and very soon afterwards she announced she was pregnant. She moved in with him and he took care of everything for her, her debts included. They had a beautiful baby daughte… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I am a Chinese from the mainland China. I have a Chinese
I am a Chinese from the mainland China. I have a Chinese passport which can be used internationally. I also have an “Exit-Entry Permit for Travelling to and from Hong Kong and Macau”, which is a trave… read more
JimLawyer
JimLawyer
GD Law
70 satisfied customers
Ben, Is it alloed for a UK limited by shares company to lock
Hi Ben, Is it alloed for a UK limited by shares company to lock its mission? Thanks, Valter… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,712 satisfied customers
My tools were stolen from a work van in a car park next to
Hi my tools were stolen from a work van in a car park next to site I'm employed direct with my company and was wondering what's their responsibility on replacing my tools … read more
Ben Jones
Ben Jones
UK Lawyer
9,147 satisfied customers
My ex partner and I had a declaration of trust over a
My ex partner and I had a declaration of trust over a property with a right for me to have 50% sale proceeds and rent, a preemptive right of first purchase, the right to go on the deeds as tenants in … read more
JimLawyer
JimLawyer
GD Law
70 satisfied customers
I was bullied into a Tomlin Order by my abusers solicitor
I was bullied into a Tomlin Order by my abusers solicitor for money I do not owe, but because they saw my vulnerability they pounced on me, how many times can they take this to court to try to enforce… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I have been to court and received community service for
I have been to court and received community service for harassment of my ex partner and all I did was pester her for my property back this is my first offence I plead guilty and got 180 hours of commu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
603 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
9,147 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
9,147 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Credit card company has sold my debt to a debt collection
credit card company has sold my debt to a debt collection company.They have now agreed to repay my charges but are insisting on paying the third party,even they no longer own the debt,I am negotiating… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
I work for a large local authority and we are in the middle
I work for a large local authority and we are in the middle of an organisational redesign resulting in a reduction in posts. … read more
Ben Jones
Ben Jones
UK Lawyer
9,147 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x