Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Are they all biased? It seems that way...
#11
You need a plan that will work for you. But don't despair.

Firstly, a final order is not different to 99 per cent of other orders. It signals what is supposed to mark the end of the case, but if things were straightforward we wouldn't be in court would we?! Its another order. I had one in 2017 and I'll be going to trial soon. So that you know...Within a month my final hearing order was breached, by six weeks I had applied for enforcement. There are more than a handful of cases which have a Final Hearing then a Final Hearing 2 and a trial.

You need to not allow the beaches to continue for months. I have successfully sought enforcement and I don't allow more than 3 breaches - others here will say that you should not allow more than 2. You need to check the order and ensure that wording along the lines of "mother must make the children available for contact between x and x." If she doesn't answer the door they haven't been made available and she's in breach. That's an important legal principle and in law if it isn't present you can't enforce. The point however is to use enforcement to bring this matter back to court; ie if it isn't in the order now you ask for it to be put in when you return to court and that it s one benefit of going back through enforcement.

The second important legal thing is to ask for this matter to be reserved to a particular judge - it's good case management and a judge won't object. So if you find yourself in front of that supportive female judge, ask for this matter to be 'reserved to her List'. We'll deal with the final details closer to the hearing

It is expensive to go back to court but you should go back to court for an order that works. It will help if you can say what you have done positively, so the one reason why you should delay the enforcememt (very briefly) is to try to get a more suitable shift pattern. Do a parenting course too, even if it's online. Netmums (not Mumsnet) do one which is just by email and you can borrow the book from your library. You can download the e-book version free (use a vpn) from z-library.

You should now represent yourself. For enforcement it is not that hard. Yes, I do represent myself and I started after my 'Final Hearing' (barrister alone for the day was 2, 500 pounds). You will be going back to change the order to something that suits you better. The handover arrangements won't change, nor should you try to rely on her family's help - your ex obviously wants to make things difficult. But you need to see the children and an order that can't be adhered to by the resident parent is not an order that supports the non-resident parent.

Whatever you may believe, lawyers (both barristers and solicitors) aren't necessary in family court, judges and magistrates don't take it badly when you represent yourself. Much of the heat and stress of being a Litigant in Person csn be taken out of the equation by putting your points and the detail of what you are asking for to the judge in a 'Note' shared with the other party on the day: if you're afraid of speaking in public, it does most of the work for you.

Your working pattern makes things difficult so you should think very hard about settling into one pattern. That will help your case later on.

It"s £215 to apply for enforcement but free if you are on a lower income.

You need to re-read gurmukh's post above. Like him, I don't give a f**k. I'm taking on everyone if thry don't agree with me. Like you, my ex is exceptionally manipulative and plays the poor single mum routine for all it's worth. She'll convince anyone and everyone of anything, except the judge (mine is a woman who is fair and sympathetic).

Be strong.

Be strong.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  BIASED JUDGE JDeppie 8 10,490 05-15-2018, 07:49 PM
Last Post: Charlie7000



Users browsing this thread: 1 Guest(s)