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[Solved] New member court order confussions

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(@jed100000)
Eminent Member Registered

Just heard back from the Barrister £300 for a phone call...... ok no thankyou...next.

Ill do more digging for one closer i suspect i could get a short meeting for that price.

Im looking for a legal letter head to set her straight i dont mind paying but i do have little funds.

(Ive just realised ive called a company that locates Barristers so i think im paying a finders fee in that price which then goes over to the finder ).

Will spend today looking for another.

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Topic starter Posted : 12/07/2020 12:22 pm
(@dadmod2)
Illustrious Member

how old is your court order? does your ex have a solicitor that can explain the order to both of you?

i have had similar silly issues since going go court. when school is closed, ex tells me to collect kids from her place on friday at 15:30. and as i'm doing some monday/tuesday morning school runs, she tells me to drop one child (not in school yet) to her place for 09:30. just being a pain and trying to make me late for work. am out of work right now so it's not a bother. i won't be going back to court over it. not worth it.

for barrister you can use direct access portal:

https://www.directaccessportal.co.uk/search/1/barrister

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Posted : 12/07/2020 2:36 pm
(@warwickshire1)
Prominent Member Registered

Dont waste your money on solicitors or fancy letters they send charging you a fortune. you need to take her back to court and self represent and go for a specific issues order. your ex will probably bin any letter a solicitor sends

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Posted : 12/07/2020 5:18 pm
(@jed100000)
Eminent Member Registered

how old is your court order? does your ex have a solicitor that can explain the order to both of you?

i have had similar silly issues since going go court. when school is closed, ex tells me to collect kids from her place on friday at 15:30. and as i'm doing some monday/tuesday morning school runs, she tells me to drop one child (not in school yet) to her place for 09:30. just being a pain and trying to make me late for work. am out of work right now so it's not a bother. i won't be going back to court over it. not worth it.

for barrister you can use direct access portal:

https://www.directaccessportal.co.uk/search/1/barrister

Court orders 3 years old but wasnt written up untill a year after the hearing I needed to chase it, hence why the schedule worked ok, then after reciept everything was ok and then all of a sudden this wording was twisted so ive no dout her and her spys had been having a chat.
I honestly dont want to go back to court but i can't lose my job and i need her out on the boundaries of my life where there is nothing that exists that she can use as leverage to hurt my life again..
Once i get this sorted she can't get at me anymore and im quiet sure she realises this is her last dance of control.
As anything in the future regarding schedules, moving, schools it will spoken about with an equal footing not something that causes embalance through uncertainty.
Im commited to getting to that area where my life is mine with our son and i dont have to communicate with her.
Niether of us have solicitors I can self represent to a point but i fear in a court room it can swing the othereay and i lose days.
Id just like a solicitor to write uo an explination
I'll try the barrister portal thanks Bill

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Topic starter Posted : 12/07/2020 6:47 pm
(@warwickshire1)
Prominent Member Registered

A solicitor cant help you , you will be wasting money. your ex knows what she is doing. you need to apply for a specific issues order. it dont matter if you dont get hearing for 2-3 months as kids break up from school in 2 weeks anyway. the issue will be when your child returns to school in september. also you need to check the court order to see what you are arranging for summer holidays which are 5-6 weeks long as i imagine she will create a lot of issues then as well.

Maybe although it will cost you around £100 is to try arranging mediation , i would email your ex 1st before attempting mediation to see if she will reach agreement. dont waste your time with solcitiors or barristers at this stage, she needs simple explanation how a court order works

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Posted : 12/07/2020 6:54 pm
(@jed100000)
Eminent Member Registered

Dont waste your money on solicitors or fancy letters they send charging you a fortune. you need to take her back to court and self represent and go for a specific issues order. your ex will probably bin any letter a solicitor sends

A solicitors letter will pull her in line she will wobble at the knees, scream at me lots but when it comes to court and officials it terrifies her ( you wouldn't think so would you?) Shes just an oppurtunist bully but when it comes to being looked at under a magnifying glass involving her behaviour she crumbles pleads pitty and knows full well shes playing a game.
Letting anything like that close for her is a risk.
So she wants court no more than i do,
She abuses me with this now because she knows she can and im powerless with out a direct distinction of the true schedule to stick in her face so to speak.

I will google the specific issues order and I may of found another case with the same issue, so it could be that this is a type of standard wording presentsd for certain cases?? All new to me but learning now.

Thankyou Warwickshire

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Topic starter Posted : 12/07/2020 6:58 pm
(@jed100000)
Eminent Member Registered

it dont matter if you dont get hearing for 2-3 months as kids break up from school in 2 weeks anyway. the issue will be when your child returns to school in September

No its ok when hes in school, its when hes not able to go to school Holidays and illness is when shes saying its my responsibility. 6 weeks holidays I have holidays booked she doesnt refuse as its being away from him and going out that she enjoys, but she would never actually be away from him and let me care for him. She wants it all, the Mother trophey, the photos for social media but behind the scenes its very different.
No holidays on the order as I can have him when ever I want.
I also book off the bank holidays as much as i can which pleases her as she gets to go off for days...her lose my gain our boy is great company.
Its the only positive side to her that she is happy to hand hom over.
This was all mentioned in court but cafcass not interested in her prefference to drink and drama.

Its just the constant way she looks for leverage to control me, so this is the last piece of it....Then shes gone off to the sidelines with very limited comms.

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Topic starter Posted : 12/07/2020 7:13 pm
(@warwickshire1)
Prominent Member Registered

Cafcass wouldnt be interested in wether she likes drama or drinking as you have your child during these times. she can basically do what she wants whilst child is in your care. only time its an issue if child is at serious risk or neglect

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Posted : 12/07/2020 7:23 pm
(@jed100000)
Eminent Member Registered

Cafcass wouldnt be interested in wether she likes drama or drinking as you have your child during these times. she can basically do what she wants whilst child is in your care. only time its an issue if child is at serious risk or neglect

That was one of the things she did have to agree. Was that she would not drink while she has him as she did admit to her drinking problem in the interview.
When i say caffcass werent intetested they made it a point but the events that lead up to court coming home drunk to care for him when i had to leave for work etc were shurruged off but looking at it now it could well be to allow a fresh start after a "ok well we know whats happened so lets hope that encourages a change".

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Topic starter Posted : 12/07/2020 7:50 pm
(@Daddyup)
Prominent Member Registered

I thi k you have to find a way to negotiate with her and if its a solicitors letter that you think will work (after all you know her) then go down that route.

Otherwise as mentioned a specific issues order is what you need to consider...

Good luck with things..

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Posted : 12/07/2020 9:06 pm
(@jed100000)
Eminent Member Registered

I thi k you have to find a way to negotiate with her and if its a solicitors letter that you think will work (after all you know her) then go down that route.

Otherwise as mentioned a specific issues order is what you need to consider...

Good luck with things..

Negotiating is impossible there is no other direction but hers. Me being nice is whats brought this on as i still find it hard to deal with her bullying and intimidation. Once i get this order clarified ill feel much more positive to put my point across.

The specific issues order ive read it but does that mean this order needs to be scrapped and a new one asked for so id have to reapply fir my access or will this order stay and the specific order runs along with it?

I apply for it with a C100 form and £215 just dont want to loose what I already have.
It also says that a judge may make the order without a hearing if 1 party is being unreasonable
So it may not get to a court hearing.

Thanks

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Topic starter Posted : 12/07/2020 9:18 pm
(@Daddyup)
Prominent Member Registered

Existing order stays and the specific order clarifies and compliments it...

When I say negotiate I mean speak to a solicitor/barrister, get it clarified and send a letter to your ex (usually better to go to court but you've mentioned a legal letter may work).

If cost is an issue maybe consider Citizens advice or if you live in an area with a law school that provides legal advice then that's another avenue to consider (paying for solicitor/barrister will be quickest if you believe a letter will do the trick)..

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Posted : 12/07/2020 9:33 pm
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