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Solicitor is confus...
 
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[Solved] Solicitor is confusing me!!

 
(@BMurkin)
Honorable Member Registered

Background: Non-molestation order on me (with no facts of finding. wife alleged DV). Wife has custody of 2 year old son. She didn't want to mediate so she applied to court her self to get my contact with son confirmed via courts. In the meantime she has given me 2 hours a week contact at a contact centre.

The judge received the contact paper on the 18th Feb but no word yet on court date. I phoned up the court and even got the ref number for it GU15xxxxxxxxxx (does that tell you anything as to what it may be?)

I also have no idea the nature of the arrangement order they have applied for - whether its to discuss contact or just purely to decide with who our son lives with (residency order). Both myself and my solicitor have asked them to clarify but they haven't. They have just avoided it.

My solicitor has now sent me an e-mail advising that I apply myself for a child arrangement order. Since its the weekend i cant speak to him until Monday but

- will applying myself have a negative impact now that my wifes application (whatever it maybe) is with the judge?

- my wifes solicitor said they sent the c100 form but have never confirmed it in writing. could they have lied to me. if so, what advantage can they gain by applying for a residency order without my knowledge. surely the court will give me a chance to defend it and hear my argument anyway. i seek shared residency.

I dont know about you. My solicitor is a nice guy, who doesn't actively try to screw money out of me, but he sure does confuse the [censored] out of me sometime.

Advise appreciated.

Quote
Topic starter Posted : 06/03/2015 11:00 pm
(@Missing_Him)
Estimable Member Registered

Hi,

I'm a little confused by your post. I don't think you can have 2 child arrangement court cases running concurrently as that doesn't seem to make sense. The court is there to rule on access regardless of who started the case so I can't see any reason to start a case if you have confirmation one is started. These are usually started by fathers trying to get access rather than mother's so your situation is unusual.

In my experience the letters and numbers in court case ids represent the court, the year, the type of case and then a number to identify the case.

I think there are only child arrangement and specific issue orders now not residency.

If sent to the court I don't see why her solicitor couldn't send your solicitor a copy of the c100? You will get this at some point anyway. They may just let the court do this though....

I believe you will always be given the chance to respond if named as the respondent.

So as I see it the only benefit of you starting a case is to start proceedings if this is being used as a delaying tactic.

I will add I'm. No expert so please get this confirmed. Just trying to help

MH

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Posted : 08/03/2015 9:23 am
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