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QLD Custody of Children - Misrepresented by Legal Aid Solicitor

Discussion in 'Family Law Forum' started by Deee, 20 October 2015.

  1. Deee

    Deee Member

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    I am the respondent to a custody of children battle that has been running for one year now. I was unsuccessful for legal aid. In Nov 2014, I represented myself. In Dec 2014, after a lawyer appeared for me without me present, then afterwards applied for legal aid and I was unsuccessful, so i was dropped by them but they kept my documents. I struggled to complete responses on time, so they were late etc..which brought punishment in way of losing time with my son with applicant gaining full holiday time.

    The applicant breached interim orders, contained our son, enrolled him in a new high school some 2 and half hrs away, cut all connection and communications between us. I was losing my mind and was told to not submit a recovery order but in a case form of returning him to me, and nothing was done with that until next court hearing in a week and a half from me filing that form. I represented myself in feb 2015, appealed twice to legal aid and was successful in Apr 2015.

    Since having aid, I have had nothing done in my defence, and ICL was appointed by the court, and i was represented on 2 occasions and the final being a phone hearing in their office in Aug. The Crucial information I had waited one year for was obtained and put in an affidavit at the office the morning of the last hearing at 8.30 am.

    My solicitor was sent to court unexpectedly (apparently) just prior to our arrival. i was asked to leave it today, i insisted against it as an apt was arranged and this information was paramount to the matter and to be filed prior to the hearing by the portal. I was not done. Irrelevant excuses were made till i arrived at 1.30 pm, I was told to not state anything during the phone conference, and the next thing trial is being set.

    I since then applied for a change of solicitor with legal aid and the reasons why, 8 days later i was unsuccessful for funding for the trial.

    I have been dumped in it with no hope as i was misrepresented. i am requesting a review of decision preferably external and DON'T want to request the wrong things that will in turn get me crashing further.

    Final timeline affidavits are due in a bit over a week. Other evidence I cannot now produce as apparently it's too late.

    I WASN'T INFORMED OF THIS HAPPENING nor did my requests get heard during hearings.
     
  2. JS79

    JS79 Well-Known Member

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    I would strongly suggest that you go and see a family lawyer asap to see if anything can be done to extend the deadlines that you have had put on you.
    They may be able to extend them for you and appeal to legal aid to fund your trial with them acting as your lawyers.

    To be connected to a local family lawyer see Get Connected with the Right Lawyer for You
     
  3. Deee

    Deee Member

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    I've already asked for a change in solicitor, that's when my funding got terminated
     
  4. Deee

    Deee Member

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    Could someone let me know what this means:

    "File one affidavit to chief any new evidence, and one affidavit of any witnesses to be relied upon at trial by a date, 2 weeks prior to trial."

    Does this allow new evidence not yet supplied previously or did this have to be supplied earlier? I don't understand!

    As I haven't got a solicitor now at such late notice, I asked through emailing the chambers, requesting more time to submit. Or put the trial back, but I haven't had a response back...The dated to file has now passed and these two affidavit s are crucial for trial.
     

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