Child Custody: Costs Of A Residence Case

How much can I expect to spend on a residence case?

The amount that you can expect to spend on a residence case can vary hugely. Much will depend on the complexity of the particular case and what's involved. The cost of a residence case will also depend on the area of the country you're in, the particular lawyers that you instruct and, of course, whether you're eligible for any other sort of other funding. If you're eligible for public funding, residence cases can be dealt at no cost to you at all; there's no clawback in child custody cases where there is public funding. If you're paying for the residence case yourself, then it can be anything from very small amounts - £5,000 - through to hugely significant amounts - £40,000-£50,000 or more - if it's a complex case and you're using expensive lawyers. The important thing when thinking about the cost of a residence case is to discuss it with the lawyer at the outset. This way, you know what you're heading for and you can make decisions about whether a residence case the appropriate way of dealing with child custody issues.

What costs will I incur during a residence case?

The costs that you incur in a residence case are largely what you pay to your lawyers, if you're using lawyers. If you're not instructing lawyers, then there are certain amounts of court fees that need to be paid, but they're pretty insignificant in the scale of things. If you are instructing lawyers, again, it can be quite a significant cost. It's something that is very important to discuss right at the beginning with your lawyers, so that you know the sort of costs that you're likely to incur, and so that you can budget for it or think about other options, if the residence court case is not affordable.

Can I get legal aid for a residence case?

You can get legal aid to help with a residence case if you're financially eligible and if you pass the merits test. Legal aid is increasingly difficult to get; the financial tests are much stricter than they used to be. However, it is available for residences cases, and if you've got a case that should be heard then it's certainly worth discussing it with a lawyer who does publicly funded work. If you look at the website for the Legal Services Commission, then you will be able to find details of those lawyers that do publicly funded work.

What if I can't afford the legal costs of a residence case?

There can be some quite difficult issues for people who can't afford to pay for the costs of a residence case. If you're not eligible for public funding, then the costs can be quite significant, and out of range for most people. You always have the right, of course, to represent yourself. I think the first stage would be to check whether you're eligible for public funding, and if you are, then to instruct a solicitor who's able to deal with it on that basis. If you're not, speak to a solicitor who's able to give you a good idea about the costs, so you can make the decision. If it's unaffordable, as it is for many people, then the only option really is to act in person, unless of course you've got a friendly relative or someone else who's willing to help you out.

Can I charge any legal costs to my ex-partner?

It's very difficult to charge legal costs to another person in residence cases because the court doesn't like to discourage parents from making applications that they consider reasonable. In residence cases the court has to consider the welfare of a child, and parents might be off-put if they thought that they could end up paying significant costs of their former husband, wife, or partner. Therefore, it is quite difficult to recover those costs incurred through residence cases. If, however, someone has acted wholly inappropriately in the conduct of the residence case, then there may be circumstances where you can recover costs, but it certainly can't be guaranteed, and certainly shouldn't be relied on.