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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family law - I have an order following a FH that is due to

Customer Question

Family law - I have an order following a FH that is due to be executed by 4pm today. I am appealing the FH decision, and the permission to appeal is due to be decided in the first week of March. I spoke to a solicitor last week who advised me to put in a D11 to the court to request a stay of proceedings, which I have done, as a stay is not automatic on submitting the appeal notice. I have been calling the court daily to find out when it will be heard, and was told this morning that it might be today, but it's unlikely. So my question is - do I defy the order due to be executed today, knowing the request to stay is with a judge, and then comply if the stay is refused, or should I comply with the order regardless and bear the burden of trying to undo it all if the appeal is successful?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does the Order say?
Clare
Customer: replied 3 years ago.
Hi
Do you want me to type the whole order out? Essentially, it says I'm to sign over the FMH, and she signs over the endowment. It's all financial, nothing for custody etc...

Thanks

D
Customer: replied 3 years ago.
Actually, now that the time has passed, it's a bit late anyway - I've chosen tot to comply on the basis that the stay of proceedings has yet to be heard.

Thanks anyway

D
Expert:  Clare replied 3 years ago.
Hi
If it is only a matter of signing paperwork there is no immediate consequence in any event.
Your ex's solicitors have to send you the paperwork - if they have done so and then you refuse to sign they have to apply to the court to enforce the order
IF they do that THEN you can apply for a stay of proceedings.
As things stand you can indeed simply do nothing
Please ask if you need further details
Clare

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