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HI All,
Hoping for a quick bit of help. I've just read through my C100 that I paid my solicitor to submit on my behalf, she didn't send a copy to me prior to submission and my ex has already had a copy from the courts and sent her response saying she opposes the court application. In the section where I detail why I am applying and what I am asking for/current agreements etc. my solicitor has stated my current access as a previous arrangement my ex and I had nearly 12 months ago, it is extremely different to what we have in place present day (and makes my ex look worse than she is). I've e-mailed my solicitor and asked her to amend but I'm really worried this will cause my ex to go in to our initial hearing 'all guns blazing' that I am a liar as I've been receiving regular access to our Son on set days (the C100 states I don't). The solicitor has also failed to include that I want 'special' days like fathers day and my birthday on the application and alternating xmas and birthday (yes, I need a different solicitor after this initial hearing).
Has this happened to anyone? I've asked my solicitor to amend it but I'm not sure if that's possible? It's not just a typing error like a wrong d/o/b. Just worried as my solicitor takes a long time to respond to me and the hearing is in 10 days, could this cause an adjournment?
Not sure on the legal questions, hopefully someone with more idea of the procedures can help, but you are paying for a service from this solicitor, if they aren't providing it, then I would complain or change solicitors.
Hi there
I doubt it will cause an adjournment, but I would call the court and explain what has happened and inform them that you will also be putting it in writing so that you can copy your ex into the letter. Keep it as brief as possible. When you call, the court might ask you to file a statement begore the hearing... see what they say.
I just wouldnt trust this solicitor to carry out your wishes in this regard, better to take care of it yourself. Emailing is probably the quickest route to do this.
If the court dont require you to file a statement prior to the hearing, you could prepare a brief position statement to take with you on the day, having copies for your ex, cafcass and a copy for your records.
Aside from that, if it were me, I would terminate their involvement in writing and I would make a formal complaint to the solictor, citing their incompetence and that the errors on the application form will have caused distress and anger to yourself and the other party, which may affect the way they deal with the case.
In my opinion, they should either not take payment from you, or if you have paid, reimburse you. Should they not do that, I think you should request this, stating that if you dont receive a satisfactory outcome you will be escalating your complaint to the Solicitors Regulation Authority. (SRA)
All the best
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