Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
More holiday tinkering
Good luck tomorrow mate, I'm sure you'll get the results you want.
Reply
Had email from Barrister - has written a stonking position statement and talking about penal notices and costs and absolutely slaying ex for arrogance and disrespect. Says she is now inciting child into sending a hostile message. So hopefully worth the cost. Will update tomorrow.
Reply
.... despite initial reservations to costs -  a good Barrister is worth his or her weight in gold !
Your's with the position statement given to you tonight appears to be a good one and hopefully
has given you a much needed boost before the hearing tomorrow in what is an awful situation for 
you and your son to be in.

Like many others wishing you good luck tomorrow and hoping that reason and the principles of which
the Courts are their to uphold i.e. the welfare and best interests of the child, allow you and your boy
the holiday you both deserve.
Reply
Good luck Charlie. Dont think you will need it though. Await to hear about your success later
Reply
Cheers. Could go pear shaped. She has a solicitor and they’ve applied to vary today and has that issued. Barrister is going to try and keep it focused on the one issue and say it’s retaliatory. About to go in.

Her variation is to reduce “contact” saying I’m inflexible and she wants son’s wishes heard by Cafcass and says there are welfare issues. Think it’s a female Judge so a bit apprehensive.
Reply
Welfare Issues??? Why has she not stopped your current contact then or even discussed previously?
Your right, it's all to convenient for welfare to be brought up now, I'm sure your barrister will handle it.
Reply
The raising of Welfare Issues at this late stage is a typical tactic and I suggest is made more often than not on legal advice to deliberately delay or cloud a narrow issue - and in my opinion is totally wrong - its just trying it on. A good bench of Magistrates or Judge will see through it to the case before them.
It also suggests they are not confident of their own position.
My Ex did the same with a new Barrister at a Final Hearing and claimed the same new Welfare Issues and requested an adjournment for a Section 7.
10 mins deliberation by the Bench and it was dismissed - It's legal input which is disingenuous to the Court on the case being heard.

What Ex's allege to what they do themselves is always the classic narcissist approach !
Reply
Result. Not the end of the road but a good result in court. The Judge was very good. He said my barrister’s position statement was so harsh and full of language inappropriate to a family court. Then said - he agreed with every word of it. He said the only reason to award costs is if the behaviour is reprehensible and he considered it was. So costs awarded. He gave such a damning judgement that barrister said it was worth paying for a transcript in case I needed to use it. All holiday dates ordered for summer. Judge told her it was none of her business what I wanted to do with sonn on my time. Ripped apart her argument in her application and strongly advised her not to proceed with it (although knowing her she will). Told her she must keep to the order.

Anxious moment when I got to school but son is here. He was very strange - poisoned against me since Sunday. It is wearing off gradually and have had a careful chat with him. He actually did send the text but had been invited into hatred. Scary stuff. She had also shown him all the emails .

Very tired and all a bit unreal. But good Judge and he told me I did exactly the right thing applying to court. Barrister said basically it was an enforcement hearing. Almost felt sorry for my ex as she had a complete slating. She still managed to gobsmack the Judge by complaining I had been on holiday to the same place for 3 years lol. Why not? I like it.
Reply
Excellent mate. I'm sending you a PM if you don't mind.

I've tried sending you a PM but your in box is full.
Reply
Chaz!

Great result! I've been checking this thread all day for updates! Really lifted my spirit!

Wonderful!
Reply




Users browsing this thread: 1 Guest(s)