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Im a litigant in person and the barrister writes the court orders which has points in there that arent correct.
Last time i stated this to the judge by letter but he just put it in anyway.
I was in court yesterday and am expecting the court order to be full of shite that the 2016 hearing was agreed purely on the basis that i will be staying in a certain area.
Now yesterday the mother yet again backed down on residency (her 2nd application in 2 years) as the judge effectively said there is no chance as my kids being abused by her partners son. (Social services are involved)
So when the order comes and i'm not happy when it states the mother is only backing down to residency of the basis i stay in this area what can i do.
It was my initial application thus if i was represented itd be my solicitor writing the court order .... but it seems to me that it is a 2 tier system where those who are represented can put whatever they want in the court order and the judge will sign it off anyway.
Is the only point of contention the fact that it says you must stay in the area? If so, is that now a problem, ie do you need to move from the area? If not, I'd be inclined to leave it as I would think that the order would state that the original order stands, rather than creating a new order with different conditions.
Did you bring this issue up in court during the hearing on Friday? Really if you disagree, you should call the court immediately and tell them that there's a problem and ask how this might be amended to reflect the true circumstances.
Contact her barrister asap and ask to be sent a draft copy of the order before it is sent to court, put that in writing and copy in the court.
Yes thats the only point of contention. But its a point of contention as to why i am back in court having a 2nd 10 month custody battle in 2 years ... being as i offered to move closer to the mother last year and she refused.
I have no intention of moving im not looking to move my child schools, but i am looking to retrain in the coming months and you never know where a job offer may come from.
Do you think it best to leave it to a barrister at the official final hearing in a couple of months.
If it's the same barrister that got it wrong last time, I wouldn't feel confident leaving it up to them.
Make a point of asking the court if they would complete the final order at the end of the hearing, so that you can have sight of it before it's finalised. If they agree you may have to wait around.
If they refuse and ask the barrister to do it, explain your difficulty with that and rewquest that the barrister is ordered to send you a draft copy before it is lodged with the court.
Cheers at the final hearing i will have a barrister and as its my application (they put in a cross application) i presume as i am the applicant my legal team write the order.
Sorry... yes that's right.
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