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Old 08-03-2015, 02:24 PM   #1
jtbe1956
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Default Running out of money over international custody dispute

UK citizen married to US citizen for 3 years in America. They have a 3 year old son born in the US, but have been separated for 18 months and going through divorce and custody battle..
UK citizen unemployed has to move back to UK but at present travelling to US on VWP.
UK citizen employed a US lawyer to handle Order of protection, divorce and custody. The US citizen was able to get a Pro bono lawyer for order of protection and one for the custody.

UK citizen was told by the US lawyer that US citizen would eventually loose their pro bono and so entered into hopeful litigation.

2 questions....
What reasons would US citizen qualify for pro bono lawyer.... They did file for order of protection and also have disability allowance.

At what point, if any is the US citizen likely to loose pro bono lawyer?
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Old 08-03-2015, 02:30 PM   #2
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Default Re: Running out of money over international custody dispute

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Originally Posted by jtbe1956 View Post
UK citizen married to US citizen for 3 years in America. They have a 3 year old son born in the US, but have been separated for 18 months and going through divorce and custody battle..
UK citizen unemployed has to move back to UK but at present travelling to US on VWP.
UK citizen employed a US lawyer to handle Order of protection, divorce and custody. The US citizen was able to get a Pro bono lawyer for order of protection and one for the custody.

UK citizen was told by the US lawyer that US citizen would eventually loose their pro bono and so entered into hopeful litigation.

2 questions....
What reasons would US citizen qualify for pro bono lawyer.... They did file for order of protection and also have disability allowance.

At what point, if any is the US citizen likely to loose pro bono lawyer?
This is a personal attorney-client relationship question where relationship is immaterial. It requires an answer from the party. Which the party does not have to answer, either. Attorney-client relationships are confidential ones. The lawyer is prohibited by the Rules of Professional Conduct from discussing his relationship with his client beyond that he is or is not representing at the time. The question is akin to asking a stranger why a patient changed doctors, which is what you are doing.

Bar Associations maintain pro bono panels for people who otherwise could not afford representation. These are experienced private attorneys who donate their time and professional experience. To speculate why a particular lawyer no longer has a relationship with a particular client of his or her practice is sheer speculation.

The lawyer who told you that the party would lose their pro bono lawyer is the party to ask. And how he or she knows that for a fact.
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Old 08-03-2015, 02:39 PM   #3
jtbe1956
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Default Re: Running out of money over international custody dispute

Thanks for the quick response. Its an extremely complicated case with lots of major questions to ask but we did ask the US lawyer to clarify the situation but did not get satisfactory response not sure if they were just giving false information to secure our case.
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Old 08-03-2015, 02:49 PM   #4
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Default Re: Running out of money over international custody dispute

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Originally Posted by jtbe1956 View Post
Thanks for the quick response. Its an extremely complicated case with lots of major questions to ask but we did ask the US lawyer to clarify the situation but did not get satisfactory response not sure if they were just giving false information to secure our case.
Your lawyer should be the one to be answering your questions because he (or she) is privy to all the facts. Or should be. And has a fiduciary duty to advance your interest and also keep you informed.

Go back to the lawyer and answer the question again. He needs to explain what he told you.

An attorney-client relationship is a very important one, especially in domestic cases. Communication must be clear, there must be absolute trust in the attorney, and he or she must zealously advance your case. In the U.S. attorney conduct is regulated under the "Rules of Professional Conduct", promulgated by the American Bar Association and adopted in every state, with slight variations from state to state.
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Old 07-24-2016, 06:52 AM   #5
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Default Re: Running out of money over international custody dispute

I face a similar issue. My wife who is in the US the last 2 yrs has somehow rec'd a pro bono attorney for our custody case and now I have to pay my legal bills hourly. I am in the UK and will not be able to afford that kind of fight in the US. If we both had no lawyer maybe it would be fair. Now her lawyer is running up the time horribly. Depositions, filings. You name it.

How did she get a pro bono lawyer for a custody case? I thought that was normally not done?
I am beginning to feel like the ship is sinking.
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Old 07-24-2016, 11:51 AM   #6
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Default Re: Running out of money over international custody dispute

In some areas it is done frequently. You are no more victimized than other US citizens. It is likely she is receiving some form of social service and the state will be receiving reimbursement from her success.
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Old 07-24-2016, 10:09 PM   #7
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Default Re: Running out of money over international custody dispute

Depositions and court filings are how these things work. You need a US attorney.
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Old 07-25-2016, 03:02 PM   #8
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Default Re: Running out of money over international custody dispute

The Wife will probably try to bleed you dry like mine did.
That's a great strategy they use.
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Old 09-14-2016, 11:26 AM   #9
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Default Re: Running out of money over international custody dispute

Is there any possible way I can get legal aid on an international custody case.

I am in the UK nd my wife is in the USA. She has the kids temporarily and the court case is there.
But I can't afford this case for long. That is for sure.
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Old 09-14-2016, 02:11 PM   #10
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Default Re: Running out of money over international custody dispute

Unlikely Gavin.
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