Representation

[Theland]

my daughter has no legal aid. can Irepresent her?

[plautus]

Yes, but you may not address a court on her behalf, so to all intents and purposes, if legal action is proposed you will need a solicitor or barrister, even though you may work behind the scenes on their behalf.

[EDDIE51]

It would help to know what type of case this is for and what court . (Magistrates / Crown ?)

[naomi24]

Theland, if this is the problem concerning the child, some solicitors offer a free initial consultation. It might be an idea to take advantage of that.

http://www.traceymill...aw.co.uk/children.php

[bednobs]

hiya - you had some pretty good answers here, explaining the situation:
http://www.theanswerb.../Question1134550.html
Not sure if it's the same case, but the same parameters willpresumably apply

[tonywiltshire]

Not unless you are qualified to do so in which case you would not be asking. Your Daughter can represent herself and you can act as a Mckenzie friend, (from Mckenzie v Mckenzie 1970) you can take notes, assist your daughter, organize papers and provide her with support but you will have no right of audience.

[EDDIE51]

Just read your original post, it seems a simple (if heartbreaking) situation.
I would say you just need to state the facts to the court and that you wish no contact with the father. I think this will hinge on 'human rights' and probably be out of the courts control. I don't actually think a lawyer will do better than you can do yourself.

[Theland]

yes, it is the child

[Theland]

The court date is February. The father has family funding and possibly legal aid. My daughter has nothing. The social worker is preparing her report, favourable to the father based on her OPINIONS not on the facts, and says the father will probably get access. A bloody one sided case because we cannot afford justice.

[naomi24]

Why can't she get Legal Aid Theland? Speak to a solicitor.

[tonywiltshire]

Do not give up, as you probably know there are various levels of legal aid such as legal help and family mediation, if your daughter is not eligible for representation she may be eligible at another level, have you spoken to Community legal advice 0845 345 4345 or CAFCASS 9834 353 2321?
If your daughter represents herself she will probably feel more at ease with you beside her , perhaps acting as a Mckenzie friend, even if the court does not command your respect act as if it does, ask your daughter not to get excited, if possible, and to always be courteous and polite. It may help to attend court before your case to soak up the atmosphere.

[EDDIE51]

Legal aid can only ever fund one side of a case so if the father has got legal aid there can be no possibility of your daughter getting it as well. It would be like the police providing the prosecution and the defence in the same case.
This is NOT what I hope will happen or WANT to happen, but I am pretty sure the fathers 'right' to be part of his daughters life will be the overriding concern of the court here. Think about it this way , if the illegal immigrant bit is ignored the father would have an automatic right to access regardless of what the Mother wants.
Theland, you will get a lot more answers if you post this in 'Law' with a title such as Illegal immigrant's 'rights' violate Mothers wishes there are some highly qualified legal people on here but they don't seem to have seen this . Put the full details of what has happened hopefuly someone may have a usefull suggestion.

[tonywiltshire]

It is not like EDDIE51 too be so wrong in the advice given.
You say the Father has family funding and possibly legal aid, I am assuming your Daughter does not satisfy the eligibility criteria for legal aid?
I am not aware of the illegal immigrant situation you make no mention of it.
You have of course posted this under the law heading.
The court will make its decision based on what it considers best for the child.

I strongly suggest your daughter contacts the two organisations suggested in my earlier post and if she is to have no representation it may help her to attend court before the case in February to absorb the atmosphere as many law students do.

[EDDIE51]

tonywiltshire look at Theland's profile it is all om there.
In essence, the daughter had a brief affair and got pregnant.
The daughters husband has forgiven her and accepts the child as his own.
The father of the child is an illegal immigrant.
The father did not have or want contact with the child until he got caught and is facing deportation. The father now wants to claim the child as his so that he can stay in the UK by claiming his 'right to a family life' under human rights law. The father is asking the court to order dna testing so that he can claim to be the father and thus stay in the UK by claiming under human rights law.
The mother does not want anything to do with the childs father but the father is asking the court to order DNA tests. The father has help from specialist immigration lawyers and is thought to be legally aided.
As I said, if the father is legally aided then the mother can not get legal aid as it can not fund both sides of the same case. The problem is that these 'human rights immigration' lawyers know the law inside out and are virtually certain to have applied for legal aid if it is possible to get it.

[tonywiltshire]

EDDIE51. Thank you very much for your comments and additional information. It is not my intention to comment further on the advice you have provided, it will be for the questioner to take whatever advice given or perhaps none.

[EDDIE51]

Thanks tony
A difficult case and one where the outcome looks very likedly to be dictated by 'Political correctness' rather than by common sense.
Theland, please at least use the 30 min free consultation provided by many lawyers to see where you stand .