Separated Dads
My Order - Printable Version

+- Separated Dads (
+-- Forum: Welcome to the Separated Dads forum (
+--- Forum: Contact & Residence Issues, Problems with Child Arrangements (
+--- Thread: My Order (/thread-6300.html)

Pages: 1 2

My Order - Charlie7000 - 05-11-2018

After all these weeks and no sealed order, apparently it has been sealed, but the original order agreed in court has been sealed, not the amended (compromised) version that was sent for sealing after ex wouldn't approve the order agreed at court.  At the time Solicitor sent original order to Judge saying other side wouldn't approve it and asked Judge to seal it.  Judge wrote back vaguely giving 7 days for it to be sorted out or it would need a further hearing.  This got extended to 3 weeks in the end.  The order was finally agreed with amendments and sent for sealing.

So other side's solicitor is complaining saying we must have sent the wrong version.  My Solicitor sent the correct amended version.  My Solicitor is saying it must be an error on the part of the court.  I have instructed her to check whether this was a deliberate thing on the part of the Judge before suggesting it is a court error.  Because I read recently that a Judge can have a final say on a consent order and if the Judge looked at both versions and saw I had been bulldozed into removing and amending things after the hearing, she may have decided to seal it as agreed at court originally.  She didn't do that originally though but gave 7 days for it to be agreed - however that could have assumed ex would agree it within 7 days not us have to agree to change things.

What do you think?  At the moment it is in my favour.  Sealed as agreed at court, so am not too keen on my Solicitor querying it!

RE: My Order - myboyneedsadadtoo - 05-11-2018

Surely if anyone is to query it then it would be her solicitors? I would leave them to make any noise on it.

RE: My Order - Charlie7000 - 05-11-2018

Yes - I think you're right. They have written to mine suggesting she sent the wrong version to be sealed (which she didn't).

RE: My Order - Charlie7000 - 05-11-2018

My Solicitor isn't back from holiday till Monday so it's occurred to me she may not have seen the sealed order, only the letter from the other side. So have instructed to discuss with me before contacting the other side and I want to see the sealed order - because ex's solicitor only mentions 2 points which "shouldn't be there" but doesn't mention the third thing - so I want to see whether it actually is the original order that has been sealed, or the amended one but the two points put back in again by the Judge. But have been clear I don't want her to do anything without discussing with me first. Because I do need a sealed order! So I can enforce it.

RE: My Order - Chi21965 - 05-11-2018

Your solicitor will clarify when she's back, but ultimately she can write to the judge and ask for anything that is wrong to be amended under the Slip Rule.

RE: My Order - Charlie7000 - 05-11-2018

(05-11-2018, 03:48 PM)Chi21965 Wrote: Your solicitor will clarify when she's back, but ultimately she can write to the judge and ask for anything that is wrong to be amended under the Slip Rule.

Thank you.  What is the slip rule please?

RE: My Order - warwickshire1 - 05-12-2018

I am sure the court wouldn't make a mistake and probably just sealed the original one after all that was what was agreed on day

RE: My Order - Charlie7000 - 05-12-2018

I don't know - it probably has been a mistake and other side want it rectifying. But it would be nice if the Judge had seen/decided I was held to ransome for four weeks after the order was agreed at the hearing at a huge financial cost and the order agreed at court compromised further to get it agreed.

RE: My Order - Chi21965 - 05-12-2018

Charlie, I knew you'd ask!

I will quote you word for word what if says on the Order (it names the statute) between now and tomorrow, but here is the google result. Obviously, I've never heard of it either, but then I'm not a judge of many years standing who was a barrister of even more years standing!

RE: My Order - Charlie7000 - 05-12-2018

Thanks! Interesting - I wonder if it extends to two full clauses in an order that should have been removed and a clause added. ie two versions of the same order. From my point of view the original order without the clauses removed is what was negotiated at court by barristers and agreed. Other side then wouldn't approve it so my solicitor sent it to the Judge and asked it to be sealed. Judge wrote something waffly about 7 days to agree it. An extension was got twice and it took 3 weeks. In the end it was a agreed after I was bulldozed into having two clauses removed and one added (and after I threatened to go back to court). So by rights that shouldn't have happened.

I hope the Judge saw through what had happened and sealed the original order as originally requested. But think it's more likely the wrong one got stamped.