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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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My sister was at a final court hearing to determine whether

Resolved Question:

My sister was at a final court hearing to determine whether her ex-husband would get more custody of their two children (aged 11 and 14). CAFCASS was involved and did not recommend any additional time being spent after talking to all parties concerned although the report did mention that the 14-year old would like to spend more time overnight with her father. Just before the court hearing my sister's solicitor ignored her wishes and intimidated her into signing a court order allowing the father another tea-time visit and an additional overnight stay every fortnight. My sister is obviously very upset and doesn't know what to do - she would obviously like the court order revisited to see if the terms can be changed. Is there anything she can do?
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 kind of intimidation was involved?
Clare
Customer: replied 3 years ago.

I fairly certain it was just pressure to sign something before the court was in session. She kept suggesting things and all he did was say "oh he won't go for that" until it ended up being what he had suggested a few weeks earlier.

Expert:  Clare replied 3 years ago.
Hi
The problem is that a Consent Order cannot be appealed unless your daughter can be proved to have been mentally incapable of making a decision on the day - which sadly is unlikely to be the case
If she wishes to stop the changes then she will need to apply to reopen the matter and be prepared to argue in court as to why the changes will not be good for the children, with the risks of a cost order if she loses.
I am sorry - I know that this is not good news but sadly that is the position that she is in.
Please ask if you need further details
Clare
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