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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My X & I have been battling to sort out children arrangements

Customer Question

Hi, My X & I have been battling to sort out children arrangements since divorce 12months ago as for some bazar reason he is claiming the primiary carer, the latests we have now been assigned a family physcologist & Childrens Guardian to report back, mainly due to a cock-up by Cafcass in a flawed report (Cut & Paste errors and totally OTT'd on the situation when they had not even had proper conversations with eihter of us!) , but as the whole process is so long winded, and really sucks I wondered if there was any mileage whilst waiting for this to happen and reports due back, etc etc followed by a review hearing end of May and 3day final hearing thought to be in Jun time we've been told, can you still go for mediation or are we too much into the process to do that? However if you say probably not, do you think it worth a suggestion to the guardian and she promote the idea?
thanks
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
It is not too late to try mediation of you are both willing to do so - and it is certainly worth suggesting it to the Guardian
Claire
Customer: replied 3 years ago.

Hi,


so am I right to interpert this as I can go to mediation up to in effect final hearing stage if it gets things sorted for the better sooner?


 


Additionally if I've an under performing Solicitor (she is too busy for my case and is not giving it the time of day nor really listening to what I'm saying and the only way I get to speak to her after 3weeks plus usually of trying is she then tries to book a meeting in with me which is un-necessiary costs just becasue she can't give me 30mins on the phone, it's just ridiculious and frustration) so i'm contemplating transfering, if requested is she obliged to give me a copy of all of my files she holds, which I know will be costly but to then either self represent or find another practice?

Expert:  Clare replied 3 years ago.
Hi
Are you in receipt of Legal Aid?
Claire
Customer: replied 3 years ago.


no, wish I was, it's cost me over 15K already, and thousands more I've lost in the divorce too!

Expert:  Clare replied 3 years ago.
Hi
You can go to mediation at any time of your ex agrees.
If you wish to change solicitors then you can do so - and once your bill is paid in full you are entitled to take your file elsewhere
Claire
Customer: replied 3 years ago.

thank you and this is really helping me air some of my questions.


With regards to my file then, is that I can have my whole files as there are 5 of them, and not be charged a copy fee or is that down to each solicitor setting thier own rules over this?


 


Another query ofr you and that should be it for tonight, is as part of a previous order before the family home was sold the judge ordered my x to pay me x amount for the children each month, after we both went to our own places this was all ceased, however he has made up his own rules about this money and is outstanding payments to me just over £200, after sending several last chance letters to him he still refuses to pay due to his reasons he beleives are valid, which they are not and irrespective of the order being in place. Can I take him to court if I myself apply for what exactly do I ask the court for and to get him to pay it and the costs too, only again my solicitor has been dragging her heels over this since last Nov, and out of principal this money needs to be recovered to let him know that the order was there to be adhered to otherwsie what I'm concerned about given other monies he has gotten away with is, if child mainteince is requested he will also then choose what and when he will pay it? thanks


sandra

Expert:  Clare replied 3 years ago.
Hi
When was the maintenance order made?
Claire
Customer: replied 3 years ago.

As part of the financial agreement and said to be up to the former matermonial home sale in the case of the current outstadning monies, but as for any new maintenance now there is no agreement as children arrangments have not been agreed, which is why I want to make the point in persuing the pervious orders payments if that makes sense?

Expert:  Clare replied 3 years ago.
Hi
Sorry - are you saying there is no current maintenance Order have you considered the CSA?
Claire
Customer: replied 3 years ago.


Hi,


there is no current order for maintenance as there is no arrangments for the children it's all 50/50 since we sold the family home, but that is not my isse at present it's the previous order outstanding monies I'm trying to chase.

Expert:  Clare replied 3 years ago.
Hi
And there is £200 outstanding on that is that correct?
Claire
Customer: replied 3 years ago.


yep that's right, hope you can understand why I'm trying to persue it now.


 


thanks

Expert:  Clare replied 3 years ago.
Hi
Your options for enforcing the order are here
http://www.compactlaw.co.uk/free-legal-information/relationships-family-law/enforcing-maintenance-orders.html
Which option you choose is entirely up to you
Claire
Customer: replied 3 years ago.

Hi,


Thank you for that I'll go and have a look later, but to also as going back to my other question about getting my files from the solicitor. can my solicitor choose if she wants to charge me a copy cost to remove them or can I just have them?


 


Another question I thought about last night, was can you give me an idea of Barrister costs for a final hearing. As mentioned we're anticipating a 3day hearing in Portsmouth now with a circuit judge?


Can you recommend any particular chambers to approach or know of a fiesty female I could make contact with for representation?


thanks


 

Expert:  Clare replied 3 years ago.
Hi
The file is yours once the bill is paid - although the solicitor can remove and of her personal notes and copies of letters sent to you.
It is a long time since I worked in the Portsmouth area so I no longer know any barristers in that area.
If you are not going to use a solicitor you will need to use a Direct Access Barrister - details here
http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
Claire

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