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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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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We have a very detailed child care arrangements order. My ex

Resolved Question:

we have a very detailed child care arrangements order. My ex wife is required to communicate with me via a solicitor due to her behaviour.
she has now refused to do this and her solicitor has agreed with her
what should i do
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help youWhat exactly has her solicitor said
Customer: replied 2 years ago.

That she is entitled to use a non solicitor to send or receive communication. she has elected my children's 20 yer old step sister. My ex wife has a harassment warning from the police for lies stated in emails about me to others, hence the court order stating she can only communicate via a solicitor.

Expert:  Clare replied 2 years ago.
What is your objection to the nominated person
Customer: replied 2 years ago.

they are not a solicitor. the idea was that a solicitor would professionally ensure her correspondence was appropriate

any friend that she uses will not act as such a filter and history has shown she can send multiple derogatory emails in a day which can be privative and full of unnecessary bitter comments

the court order directive has been largely effective and moderated this

i don't wish to therefore vary the court order

Customer: replied 2 years ago.

please respond

Expert:  Clare replied 2 years ago.
My apologies for the delayHow much contact is actually necessary?
Customer: replied 2 years ago.
Anything relating to the three children
I would appreciate an answer not just questions
Thanks
Ps this is being dealt with in an English court
Expert:  Clare replied 2 years ago.
The difficulty is that it is not unreasonable for her to say - for instance - that she cannot afford to keep paying a solicitor to deal with queries about the childrenI appreciate that she brought this on herself - but even so the cost argument would standIf there is anyone willing to be the intermediary on your side - to deal with the step sister - then that may be of assistanceThe alternative is to be in a position where communication breaks down completely and the matter goes back to court - she pleads poverty and the court may beleive her (they shouldn't but they do)I appreciate that this is not what you wished to hear - and you are fully entitled to hold out - but it is realistic I am afraid
Customer: replied 2 years ago.

Hi Clare her settlement was approx 13 million and 4000 per mth maintenance. lawyers are not required to write her letters, simply send them to my husband. the idea was that this would help her impulsivity and protect her from herself.

It has worked to a degree.

Expert:  Clare replied 2 years ago.
Hi
intriguing.
Of course your husband could retain a solicitor to revive the letters and monitor them
Clare
Customer: replied 2 years ago.

i think this misses the point that the courts asked and she agreed to this process. she has unilaterally stopped closing all communications channels.

can sh change a court over like this without our agreement or returning to court

Expert:  Clare replied 2 years ago.
Hi
In so far as she can simply stop doing it she can
Of course she is ignoring a Court Order and as such your husband can apply to enforce the Order.
However at that point she can make the representations I have outlined and there is a chance she will be successful
No it is not fair - but it is possible
Clare
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