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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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Other side's barrister not signing off order. Is there

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Other side's barrister not signing off order. Is there anything I can do?Roughly 7 weeks ago I had a final hearing in a Private Family Law Case. I am the applicant father. I was represented by a Direct Access Barrister at this hearing. The respondent mother was fully represented throughout with a solicitor and barristers at each hearing. I have since been told my ex's solicitor is no longer representing her. I'm not sure if that's relevant but I mention it for completeness.Roughly 3 weeks after the hearing my barrister drafted the order and sent it to me and the other side's barrister. It has now been almost a month since that date. The Court has not received the draft order and the barrister that represented me has not heard back from the other side's barrister either.This is difficult as my ex is now breaching the order. I am hoping to avoid enforcement but if I do have to go back to Court I will need the order to reference.I have had issues with the other side taking an oddly long time to process orders previously (every order in the case increased my daughter's time with me and this was always opposed) so my concern is that this is deliberate and that I may be waiting for an extremely long time for this order to be processed. Even if this is not deliberate it is very problematic, as I say it has now been 7 weeks since the hearing and I still don't have the order. Is there anything I can do to get the other side's barrister to stop sitting on this?Many thanks.
Submitted: 12 months ago.
Category: Family Law
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

If the Barrister has sent it and received no response then the Order should be sent to the court with a note confirming when it was sent and that there was no response.

It will then be up to the Judge if he or she is willing to seal that draft - or order the barrister to appear before them!

Please ask if you need further details

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