Posted by
funbio
19 yrs ago
My ex-husband is taking me to court for reasonable access of our son. This seems like an expencive waste of time. I have already agreed to one night a week and over night stay every other weekend. My ex-husband has not been able to organise a fixed schedule previously because he was abroad and I therefore asked for two weeks notice of arrangements, he felt this was too long and would be impossible for him to give. He also wants to take our son out of the country to visit his girlfriend in Japan, I have not agreed to this because my husband does not have proof of a job or an address and I am afraid he will not bring my son back. He is now taking me to court on this, I am a single mum I do not receive any financial help from my ex-husband and the cost is killing me. Can I take my case to court without lawyers? My lawyers tell me if I do this I will have to let my son be taken out of the country, I will lose and end up having to pay all the cost of my ex-husbands expensive lawyers fees which are 4 times the cost what my lawyers say they are asking of me.
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Do you already ready have a custody order?
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My ex-husband gave me full custody 5 years ago when we divorced.
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A custody order is irrelevant because the ex-husband is going to court to have it modified.
If you fail to appear in court, your ex-husband will likely win by default. You know the consequences of that, I assume.
You can appear in court without an attorney, but you know the old saying that a person who represents themself has a fool for a client. Still, if you cannot afford one, it is better to appear and try to explain things as calmly and professionally as you can to the judge or hearing examiner.
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Consider Legal Aid. Good Luck!
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Sue
19 yrs ago
could you suggest mediation to try and avoid court? It is expensive, about HK$1000 an hour, but perhaps you and your ex husband could come to an agreement about access without using the courts. The judge may well suggest you go away and try mediation anyway, so it may be wise to try it first
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