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Good Barrister in Berkshire?
#1
Hello,

I'm looking for some recommendations for a barrister that will be available in the Berkshire area.

My ex wife and I have disagreed on choosing a school for my son, he is 4 and due to start in September.  We had an application in on time but she made another application to block that.  Now we don't have a school place at all.  We have 50/50 care currently and she only lives about 4 miles away.

She has escalated the whole thing from being a school decision to now being a change to the contact order, she wants to have my son most of the time, I would only see him every other weekend.

Any recommendations would be of great help, I have no idea who would be a good choice to fight my corner.  My solicitor is going to recommend some barristers too (as she is on holiday when the final hearing will take place) but I though I should ask here to see if anyone else has had any good experiences with a barrister.

Thanks.
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#2
(03-29-2018, 04:36 PM)DoofDoof Wrote: Hello,

I'm looking for some recommendations for a barrister that will be available in the Berkshire area.

My ex wife and I have disagreed on choosing a school for my son, he is 4 and due to start in September.  We had an application in on time but she made another application to block that.  Now we don't have a school place at all.  We have 50/50 care currently and she only lives about 4 miles away.

She has escalated the whole thing from being a school decision to now being a change to the contact order, she wants to have my son most of the time, I would only see him every other weekend.

Any recommendations would be of great help, I have no idea who would be a good choice to fight my corner.  My solicitor is going to recommend some barristers too (as she is on holiday when the final hearing will take place) but I though I should ask here to see if anyone else has had any good experiences with a barrister.

Thanks.

This forum needs to not be a way of promoting set people to get them paid work.

On this subject, I would ask that people respond by PM to the member, and only if you have first hand experiance of using the person/company you are recommending.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
I think more of us need to apply to be magistrates, then maybe this system will be fair.

It seems almost anyone can be one.

https://www.gov.uk/become-magistrate/app...magistrate
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#4
well blow me down

that is very scary!....no wonder we all get hammered in court
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#5
Once I'm done with my own issue I'm going to apply to be a magistrate.
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#6
So, in my case despite there being no safeguarding issues and I only live 6 miles from the ex, three old lady magistrates decided that my son has residency with his Mum and I go from having him 7/14 days to 4/14 days. The reasoning is bizarre, apparently this will be less unsettling for him when he starts school, despite the fact we have the same number of weekday switch overs with the new pattern. It seems you don't need basic logic to be a magistrate either.
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#7
(05-23-2018, 04:21 PM)DoofDoof Wrote: So, in my case despite there being no safeguarding issues and I only live 6 miles from the ex, three old lady magistrates decided that my son has residency with his Mum and I go from having him 7/14 days to 4/14 days.  The reasoning is bizarre, apparently this will be less unsettling for him when he starts school, despite the fact we have the same number of weekday switch overs with the new pattern.  It seems you don't need basic logic to be a magistrate either.


It makes more sense if you think about the kind of person who is likely to want to apply to be a magistrate in the first place. It's a bit like Plato - I think it was - saying the only person fit to rule a state is the person who wouldn't want the job.
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#8
My case is still continuing, I won an appeal, went back again, this time the ex turned up the heat and told the court that my son does not like coming to see me.

Therefore a CAFCASS report was done, despite there being no issue with my son the report still recommends that he should stay with Mum during the week and only seem me on alternate weekends.

Back to court again next month.

Does anyone have any tips on going against a CAFCASS report in court? It makes a big issue of "communication issues" which isn't the case, all our communication is done over text (she refuses to answer the phone), I offered to show all the communication to the CAFCASS officer, she wasn't interested.
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#9
July 2019, I'm still fighting this nonsense.
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#10
Sorry you're still having all this but well done for appealing! So what is the situation now? When you had 50/50 before, was that in an order or just informal? Does your son actually have a place at school now?

Cafcass sometimes take the view of avoiding conflict for the child, if they think he will be exposed to conflict between parents. Which is totally unfair if it is your ex causing all the conflict. It's usually recommended on here to always show you're the polite, reasonable one in all communications - BIFF emails (brief, informative, friendly, formal) as if writing to a business colleague. No personal element, no tit for tat or point scoring. Just brief, polite, conveying something. I am sure you do that anyway. And never say anything negative about the ex to them.

But how the heck can Cafcass decide that with a four year old! They have just sided with the magistrates decision.

So is the next hearing a final hearing? To answer your question - a Judge can override a Cafcass recommendation and if you have a strong case/statement/evidence and advocate well, that is a possibility. You can also question Cafcass as a witness at the hearing and put questions to them - eg why do they think the child should have the loss of a Father he was seeing half the time?

I really don't think magistrates should have the power they do over cases that involve childrens lives. District Judges are highly trained in family matters, and often ex barristers. Not sure what stage you are at but I would request that the next hearing is before a District Judge due to the fact that a child's next 14 years of schooling and involvement of his Father in his schooling is a high priority and there are no welfare issues.

Clearly Cafcass are using the communication problem as a welfare issue. That shouldn't be a welfare issue - unless you;re harrassing her with swear words or something!
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