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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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What is pre trial hearing? Can an financial order be put in

Resolved Question:

What is pre trial hearing? Can an financial order be put in place?
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Thank you!
Nicola
Customer: replied 2 years ago.
Hi I checked they are already solicitors waiting online that is why I asked new Question. I require reply soon as possible please
Regards
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
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Customer: replied 2 years ago.
Hi please close my question!
I am not happy with the service
Regardsa
Customer: replied 1 year ago.
Hi Is Clare off line?
Regards
Asma
Customer: replied 1 year ago.
Hi Clare is not available?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
I am a family solicitor and able to help.
I note that you are currently in court proceedings in relation to matrimonial finances.
I note that your matter has been listed for a pre trial review.
The purpose of a pre trial review is ensure the efficiency of a forthcoming final hearing. It is likely that your case has also been listed for a final hearing. A pre trial review usually takes place approximately 4 weeks before a final hearing. A timetable for the use of court time at the forthcoming final hearing will normally be agreed ie how long it will take for evidence from the parties etc
Therefore this hearing is more to ensure the effective use of court time for the final hearing rather than an order in respect of the finances being made.
Agreement in relation to finances could be reached at any point. If a consent order was submitted then the Judge at the pre trial review could choose to approve this.
I hope this helps.
Kind Regards
Caroline
I am new to this service and therefore positive feedback would greatly be received.
Please do not hesitate to ask if I can assist you further in the future.
Customer: replied 1 year ago.
Hi Caroline, me and ex husband come to An settlement today to avoid for him to be cross examined he volunterly offered 30k I said no then he said 45 I said 60k he agreed he wasn't too happy.
But he had no Choice
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Asma
Thank you for your update.
Well done for sticking to your price and getting what you wanted in the end!
Please do not hesitate to ask if I can assist you with anything in the future.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, can I still claim benfits with all the debts I clear I will only have 10k left?Ex will have to pay lump sum by 10/09/15 4pm. If he doesn't then we take matter back to court!
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Asma,
You will need to check with the benefits agency in relation to each benefit you receive. There may be a capital threshold (ie cap in the amount of savings you can have).
Child Benefit wont be affected unless you are earning over £50k. (through wages).
You can of course wait until you receive the payment so as to ensure you dont leave yourself short if he pays late.
If you do exceed any capital thresholds for benefits then you can of course reapply when your savings drop below their limits.
You should return matters to court to seek enforcement of your order if he doesnt pay.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, the judge has left matter until October 15 if ex does not pay up on time my solicitor will straight away apply on 11/9/15 Back to court. All my six children are in care of the LA March 2013.
My two young children are with prospective adopters. They have not yet made application for an adoption order. I have decree absolute from marriage of 17 years.
I was abused physically financially by ex husband. It resulted losing my children.
I now recieve ESA and DLA lower rate will this effect after I have paid all my debts?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Asma
I am sorry to hear about the difficulties you have been through.
If you are on income based esa - then this page should help:
https://www.gov.uk/employment-support-allowance/eligibility
DLA is normally non means tested so your savings shouldnt affect your eligibility.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
If you were happy with my responses - I would be grateful if you could kindly leave positive feedback.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, my second son and daughter were taken in care March 2013 they both refuse to have contact with me and their father and older siblings. My second son was taken into hospital for surgery he is still there. The LA agree for me to have contact but my son refuse to. His is only 11years old does LA have to listen and comply in child's wishes?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
11 is a bit young and they should try and encourage your son to see you at that age. The Social Workers will however also have to consider his emotional well being and therefore will take into account his wishes and feelings.
You could consider making an application to the court for contact with a child in care to have the matter reviewed if you are not satisfied.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, but by law do the LA have to listen to the 11year old child don't the LA have no power to actually force him to see parents. The issue is not with LA it's my son being very strong minded?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
There is no specific law - the case law considers the competency of the child.
If, as you say, he is very strong minded - then no - they cannot force him.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, what can I suggest for the LA to do? Iv given my photo his not accepting letters or gifts! My son clearly knows how to control the LA that is my fear. Ex husband was like that very controlling.
Any suggestions?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
Indirect contact - should as you have mentioned is normally the starting point. Letters, cards, photo's etc.
You will have to persevere and be patient - hopefully he will come round.
Perhaps the LA could him some support / counselling in relation to his feelings - if they are not already doing so.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, they are not putting any support for my son. My son does not us parents to attend his LAC review. Today social worker told me that he doesn't want the social worker to visit him any more at hospital. He does not want the SW to visit at all. He feels uncomfortable when the SW is present she was really shocked by hearing This.
Why May that be the case he doesn't want any body to call and ask how he is or vistation, I think the Foster carers have brain washed him from day of his removal.
But the LA do not believe me.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Asma
I am so to hear this - he clearly is a troubled.
Perhaps speak to the SW about any additional support they can offer him.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, my son issue is loss of parents loss of his two younger brothers family has been broken down.
That's probably his issue.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Yes Asma - it's very sad. Please do have a chat with the SW to see if there is any extra support than can be offered to your son to help.
Kind Regards
Caroline
Customer: replied 1 year ago.
hi Caroline, do I have chance to contest the adoption application? Or it's too late?
Many thanks
I have made great changes I am more able to care for my two youngest boys
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
I am sorry to say but the recent cases - even when the parents have made great improvements haven't been successful.
That doesnt stop you giving it a go.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, there is no harm in trying Atleast I gave it a good go and tried social service are different then the divorce and ancil case!
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Yes Asma
At least you'll know you've given it your best shot.
Kind regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, but I can write to them once a year letter box contact.
What type of support would my son benefit? I have not had any direct contact with my middle two children since March 2013. What can I do as a mother to help my son?
Iv tried everything
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
You need to give your son time.
Speak to your Social Worker about counselling for him.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, it has been 2.5 years my son been taken away the sw should have helped him by now.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
I'm surprised the issue of your sons behaviour wasn't considered in the care proceedings. What did the final care plan for him say?
Customer: replied 1 year ago.
Hi the final care plan four older children long term fostering two youngest PO. My second son plan Long term foster.
No plans of support
Asma
Customer: replied 1 year ago.
Hi I am waiting for your reply
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
If there was no support in the care plan then you really do need to speak to the SW and ask for this to be discussed at the LAC reviews.
I note that our discussions have moved on somewhat from the original question.
I am happy for you to pose another question and would be grateful if you could consider rating our discussions so far.
Kind Regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline, I will be writing to the sw and the IRO this week request a letter response or a meeting. I will be seeking legal advice on this matter too.
The issue is the LA do not listen to what I say and would like for my children.
Also I will put my foot down and demand an answer.
What support will they put in for my son.
Do you think this might be good approach?
Many thanks
Asma
Customer: replied 1 year ago.
Hi I am waiting for your reply!
Regards
Asma
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Asma

Thank you for the positive rating. I note that your new questions are still appearing on this thread rather than a new question being posted. I am not sure that one question isnt suppose to run indefinatley into lots of different areas and I would be grateful if you could consider posing further questions.

From your description - if you son is failing to engage with both yourself and the SW then he needs help and assistance in dealing with his feelings. Each LA has different support groups in different areas so it is best to ask the SW what is available. Counselling is a start. Lots of schools have in house counsellors so maybe that could be a start. A support worker could also assist your son with life story work - this might help. If you are concerned about your sons presentation and the SW is also then consideration does need to be given the LA as to what help can be offered to him.

Kind Regards

Caroline

Customer: replied 1 year ago.
Hi Caroline, new question. If ex does not pay the lump sum next month on the 10:8/15 what may be the consequence for him?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Asma

Did he give an undertaking?

Kind Regards

Customer: replied 1 year ago.
Hi Caroline, undertaking meaning? He was ordered undertaking first hearing! Also If any issues by 31st October 15 judge gave time if any issues.
I don't trust ex.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Asma

An undertaking is a promise to the court.

In any event if he doesnt pay, then return matters to court to seek to enforce.

Kind Regards

Caroline

Customer: replied 1 year ago.
Hi Caroline, how much will cost for an independent parenting assessment?
Will the assessment support the opposing of the adoption?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
ISW assessments usually cost in the region of £2k. Whilst an ISW report can evidence any positive changes you have made - it still doesn't get around the case law that even parents with positive are able to successfully oppose an adoption.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, is forced adoption in UK? Also I have made really good changes to my life. I am divorced from 17year marriage. I admit my parenting was lacking due to My mental health, victim of DV and also caring for all my six children some of them with special needs.
I Am only seeking return for my two children who are with prospective adopters!
O
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
Unfortunately as you children are already with their prospective adopters - you are likely to struggle despite the positive changes you have made.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, If I remarry and start a new family new partner will the LA let me keep my new baby with new partner?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
They would reassess you at that point. If they were satisfied that the previous risks had been alleviated / were manageable with services then yes the could allow a new baby to stay with you.
Kind Regards
Customer: replied 1 year ago.
Hi Caroline, if I show I am in new relationship would it support my application to oppose adoption order for my two children? And other positive changes I have made
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
The a positive relationship is of course a good thing. As per my previous posts - I am however concerned that given the current case law - this wouldn't be successful.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, what would be successful then? Are the LA concerned about the risks to the children or they want the children to be stable. I am more than capable to give them stability and put all the safety measures in place to protect them from any harm.
Thank you
Asma
Customer: replied 1 year ago.
Hi sorry I was waiting for your reply
Regards
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Asma
I am sorry but as the children are already with their prospective adopters then there is very little chance of you opposing their adoption despite the positive progress you have made.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi if I get refused could i appeal? Or take matter higher up RCJ?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
I am sorry but you are still likely to be unsuccessful. Any higher court will probably uphold the decision of a lower court.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi I think LA are doing the plan is that they will get money if the boys are adopted.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
A Judge wouldn't accept this as a reason.
Kind regards
Customer: replied 1 year ago.
Hi Caroline, I have decided I will not go ahead with oppose adoption because they will no chance of success. There is no hope. I have to move on with my life. I have to move on from my past.
Take care of myself physically mentally.
Does some adoption fail?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Asma
You have to take the right decision for you.
Hopefully if the placements go well it won't break down.
Kind Regards
Customer: replied 1 year ago.
Hi, and if unfortunately it does breakdown what happens?
Will children be moved back to LA?
Regards
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Yes most likely back to foster care
Customer: replied 1 year ago.
Hi Caroline? If they go back to FC may I have a chance in future maybe?
Or not?
Also if I re marry I have new baby and I look after baby well will I chance for my other children to return?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Possibly. Adoption isn't ta***** *****ghtly so hopefully it won't break down as this could be distressing to the children.
If you can show stability and being able to care without concern then yes you could apply to discharge the care orders for the children in FC
Kind Regards
Customer: replied 1 year ago.
Hi Caroline, what may be the reason my son has decided he does not want to see me. Since his removal his not seen me.
He is only 10 years old. Why does the LA listen to his wishes and feelings?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
You need to speak to the SW all children are different.
Kind Regards
Customer: replied 1 year ago.
Hi Caroline, I went to see a family solicitor in my local area. She looked at all my paper work. She said I have to first accept the whole judgement. I have to demonstrate substantial change in my circumstances. the situation or environment I was in back in 2013 now my life has completely changed.
Also I have made necessary changes to life I can safely care for my two children.
She has told me she cannot say if my case will be sucessful or not. It's taking a chance. One last attempt.
If I was to go privately it will cost me if I win or lose 4k 5k.
But my main concern is will accepting the judgement during and after the cross examination can thier be a judgement against me. Will this have an a
Effect any future children if I decide to have one or two more?
Will this stay in my record if any children I have?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Asma
If you have made lots of positive changes then the judgement may be positive but the Judge might still rule that the children should be adopted. A Judge could make findings good or bad. You will still have to make all the necessary changes.
I would be grateful if new questions could be posted on a new thread. The questions now being asked are significantly different from your original post.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi my strong view is the LA are putting my two children for adoption is to save money also give my two boys stability,
But the LA are not understanding how the change is impacting on their siblings. My main contesting the adoption is the local authority saving of money also damaging the relationship us parents and my four older children.
I feel this is not in my 6 children's best interest to break up a siblings of 6 like the authority have clearly done.
Could this matter go to a judicial review?
Regards
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
The argument that is all about the LA saving and making money really won't hold any weight in any court.
Kind regards
Customer: replied 1 year ago.
Hi Caroline, because ex husband wanted to negotiate we have could he change his mind and make excuse he could not get the money. His got to pay by 4pm 10/9/15. Could he ask court for more time?
Will judge give him more time?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
It that's the date he agreed hopefully he'll stick to it.
If not you should enforce. He may ask for more time and a Judge may agree. Hopefully this won't happen.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi, ex husband avoided to be Cross examined that's why he wanted to negotiate last minute. If he needs more time I will take matter back to court so he can be cross examined, and contine with the proceedings.
On the 11/9/15. That he did not comply and I may ask for waste cost order against him too. He is able to manage to get the money and pay on the agreed date. It was my decsion to give him one month time not the court. the court just agreed. I have till 31/10/15 if any issues arise i can take matters back to court. He hAs no choice but to stick to the agreement.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
I hope none if this becomes an issue for you Asma
Kind Regards
Customer: replied 1 year ago.
Hi Caroline, me too he had an opportunity in court last week his solicitor could have asked the judge for more time. I am concerned ex runs off abroad and run away, can this happen?
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Asma
I hope this doesn't happen.
If he has assets over here it wouldn't be so easy to liquidise that quickly.
Kind Regards
Customer: replied 1 year ago.
Hi what do you mean by liquidise? His got 3 houses one in his own name two in his illegal brothers name. The brother been deported, the two houses will
Go in fraud department because his brother purchased with illegal funds.
It's up to ex in his best interest to clean break really
Asma
Customer: replied 1 year ago.
Hi the court has power to transfer one house to my name if ex can't pay up? If he finds difficulty to pay.
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
If there's enough equity you could get a charging order, then later an order for sale
Customer: replied 1 year ago.
Hi Caroline if ex does not pay in date. What options do I have?
Many thanks
Asma
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Asma
You would need to return the matter to court to seek enforcement. There are many types of enforcement options dependant upon where the best chance of retrieval is.
I am sorry but you are asking new questions far beyond the original scope of my involvement. It would be best for new questions for completely different subjects.
I am going to close this thread.
Kind Regards
Caroline