Visitation

QUESTION:
My questions to you are:
A. As a paying non-custodial parent, does he have any rights that can be enforced without the help of a lawyer?
B. Is it possible to go through the process of gaining access without the help of a lawyer?
C. If not, how do we go about applying for legal aid and how do we know if we qualify?
D. Do you do legal aid work?
E. Approximately how much does a case for visitation cost to settle?

ANSWER:
A. In my view when you have such a factual matrix you need a lawyer to adopt the best strategy. I have seen many people without a lawyer struggle in this field.

B. Yes, but based on the complex facts and processes, I would advise you to get a lawyer.

C. There is a legal aid form to fill out and if you go to their website – www.lsa.govt.nz – there are guidelines to see if you qualify – see other parts of my blog to get more of an indication. If your income is modest and you have no assets you stand a good chance. Your partner’s income and assets are taken into account as well.

D. Yes I do and so do the other lawyers in my team.

E. Lawyers charge by the hour. Some cases take months and others take years. The harder cases and those that go to a full court hearing, have high costs. Those kinds of cases take many, many months if not a year or more to sort out.

You could look at going to a Community Law Centre where you live. Their fees are very low and a fraction of what a lawyer would charge privately.

To make an appointment please ring me free on +64 (9) 263 6953 or email me on jeremy@jeremysutton.co.nz