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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34580
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What do you do if the Judge spoils the final order paper in

Customer Question

What do you do if the Judge spoils the final order paper in a contested divorce?
ex wife who has, during the course of the proceedings brought the alledged assault of un named children in Ireland to the judges attention continues to ignore court order and refuses to communicate at any level.
Solicitors involved in the case to date are Major family Law LLP of Ponteland, Wholley Goodings LLP of Morpeth and David Auld and Co of Morpeth. Barrister representation was made by Trinity Chambers of Newcastle during the trial.
During the pre trial, mediation was attempted by myself through the system, but after interviewing both parties separately mediator stated that case had to go to trial. I cant remember the firm of mediators, but the nediators name was Margo Moffat.
Now 3 years since the final order issued and no further progress on ex wifes intransigence.
At time of writing I am still a client of David Auld and Co, but they seem reluctant to be involved further. The assocaites who wer einvolved with the case have left their respective firms. As I understand it one now lectures in law at Newcastle University and the other is now a full blast solicitor at a firm called Silks in Newcastle.
All solicitors advertising states or implies that they are experts in family law and mediation but seem reluctant to offer any advice of any sort whatsoever. Judges opening preamble in court stated that the intention of procedings was to allow both parties to get on with their lives but I seem to be stuck in a rut, wholey dependent on the ex wifes compliance with the court order which she simply ignores.
David Auld and Co and Major Family Law have a transcript of the second day of the trial and a copy of the final order. There is no doubt in my mind as to the Judges instruction or intention, but I can not encforce the order and get on with my life until my ex wife starts to communicate in some way, either with myself or a solicitor representing me.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
What exactly is the issue that is outstanding?
Clare
Customer: replied 2 years ago.
Ex wifes none compliance with court order on several counts over last two years. I need to know the process and likely cost to myself of enforcing the court order, but have been unable to obtain this from David Auld and Co. The FMH is to be sold but it is highly likely that ex wife will refuse to agree to appointment of selling agent, delaying sale beyond time defined in the court order. Ex wife will not communicate either with myself or third parties David Auld and Co and selling agent. At time of writing. I own around 300000 in the FMH so the opportunity cost of the capital ithat remains with her is around 1000 per month
Expert:  Clare replied 2 years ago.
Hi
Right
So the Court Ordered the sale of the FMH?
What is the wording of the Order regarding the sale?
Clare
Customer: replied 2 years ago.
The order refers to the farm and FMH. . Both were secured on a mortgage to lloyds tsb and the court ordered the sale on termination of that mortgage in August 2016.
I can get the exact wording on the final order if you require it, but as stated previously the Judge spoiled the final order paper before he handed it to my ex wifes silicitor in the Judges chambers in the high court in Newcastle.
My original question was what does one do if this happens? It appears that there is nothing that I can do about it.
My concern is that we get to August 2016 and my ex wife and her legal team employ the same strategy that they engaged leading up to and during the trilal. Namely to alledge that I assault children in foreign countries and to demand money from me and my family and friends.
Both the Judge and my ex wife signed the final order and my ex wife then left the court and proceded to ignore it. My contention is that The Judge was the Judge, The Barister whom I shall refer to as Trinity Chambers going forward and the solicitor representing my wife were the Jury and my ex wife was and still is the executioner.
Unfortunately to date no legal professional will advise me on what to do in this eventuality and rather frustratingly just repeatedly ask what is the problem?
When I go outside the legal profession people just say that there is nothing that they can do and that I should get on with my life.
It is not difficult for me to articulate to you or anyone else that my life is trying to persuade my ex wife and her legal team that they have to comply with the law and with court orders that they themselves have signed in the presence of the Judge.
You, like my mother can say dont be be silly everyone has to comply with court orders, but in this case it appears that my ex wife and her legal team do not.
With regard to Just Answers disclaimer.
I have read and understood the disclaimer below and fully understand that in law just answers is an internet chat room. However I do believe that Claire exists and that her opinion has merit both now and going forward.
Expert:  Clare replied 2 years ago.
Hi Alistair
So you have an Order for sale in 2016.
Can you explain what you mean when you say the Judge "spoiled the final Order paper"?
Clare
Customer: replied 2 years ago.
Hi Clare,
Thought that I had replied to this question, but maybe it got lost in cyberspace.
The Judge made the final order and initialed it. He then asked opposing barrister and lawyer if they were happy. Both nodded assent and we left the judges chambers . As we were waiting at the door to be let out of the judges chambers the clerk of the court asked us to return to the Judges chambers. The Judge then put a line through part of the final order and dismissed us handing the order to thee opposing lawyer. She stopped at the photocopier in the clerk of the courts area and photo copied the final order and handed it to me with the words this is a very important document.
I was gob smacked by the due process! The Judge is a long standing DJ and is an MBE. He gained notoriety in the North East when he judged whether bananas should be weighed in pounds or kilograms. As a layman exercising his right to freedom of speech on a web forum I think that I not in contempt of court when I say thAt the bananas Judge did me over,
My open position is that both the Judge and the deputy judge who was acting as the opposing barister understood that they were contaminated by the malicious falsehood mentioned in the first part of this trail. Unless that you can buy into the idea that someone working for a firm with llp after their name could proletise "by way of information" that I assaulted children on a rugby tour to Ireland then you can not help me.
Regards
Alistair
Expert:  Clare replied 2 years ago.
Hi
Right - the Judge made an amendment to the hand written Order.
what did he actually cross out?
Clare
Customer: replied 2 years ago.
I would have to have the final order in front of me to give you the exact wording. I am at work at the moment so will not be able to reply until after the weekend. not exactly sure that the exact detail is of relevance. my concern is that the ex wife will continue with her behavioral problems that she presented at the trial and I will have to go to court again to enforce the original punitive final order. I am reluctant to engage in a process which is fundamentally contaminated by the malicious falsehood made in Morpeth and Berwick county court in 2010.
I would emphasize to you that my family and its reputation has been destroyed by the court action. I have lost 1.2 million pounds of assets and pension rights to date. I have also lost all childhood possessions, photographs and memorabilia of no commercial value to anyone.
Expert:  Clare replied 2 years ago.
Hi
When you opened your question your concern was that the Judge had in some way "spoiled" the Order - which is clearly not the case.
In fact it seems that he simply amended it and removed something that he did not feel was correct in the draft that he had been handed.
How has the Order been breached so far?
Clare
Customer: replied 2 years ago.
HI,
I beg to differ with your statement that it is clearly not the case that the Judge spoiled the final order paper. Draft final order prepared by the deputy Judge stated that the procedes from the farm business should be split fifty fifty. During the course of the final order hearing in Judges chambers Judge stated that proceeds from the business should be split sixty eight thirty two in my favor. however he wrote down sixty eight thirty two in wife's favour. He then recalled us and put a line through both the draft order prepared by the deputy judge and his own hand written note.
Order has been breached by not complying with the order to provide myself with accounts for the business.
order has been breached by not complying with pension sharing order. The order was sixty fourth in her favor and the Judge stated during the trial that it was the only area that we had managed to achieve agreement.
Anti social behavior continues with allegations made in the street that ex wife is frightened that I will assault minors. This is a repeat of the statement made to the court by lllp solicitor representing her.
Expert:  Clare replied 2 years ago.
Hi
This is no called "spoiling" - which would render it void.
This is called amending the hand written draft - so what did the typed up order actually say?
Which of you has the Pension that is to be shared?
What is the wording with regard to the release of the accounts?
Clare
Customer: replied 2 years ago.
That is my point. The Judges actions have rendered the final order nul and void. The Judge signed the order witnessed by the oposing barister and solicitor, and the ex wife signed the order witnessed by barister and opposing solicitor. The Judge then sent us out. Clerk recalled us at the door to the judges chambers and the Judge spoiled the order (in my terms - I speak English, Norwegian and Italian with exagerated hand gesticulation) before dismissing us.
I do not have a copy of the typed up order and believe that one has not been produced. When i asked the Clerk of the Court for a copy via David Auld and Co I was informed that the copy that I held was the correct one. David Auld and Co charged me 300 pounds to get this information from the court. Please be aware of the time scale for this case when replying. I had a stroke in 2009 when everything kicked off. Police evicted me from my home in July 2010. I sued for divorce via David Auld and Co in October 2010 on grounds of unreasonable behaviour. Ex replied in writing to the court*by way of information" that I had abused children in Ireland on a Morpeth rugby club tour. This is a malicious falsehood whic resulted in the case being prejudiced or contaminated. The outcome was that all of my assets clothing and childhood possesions were confiscated by the court. A punitive maintenance order of 2600 per month for four years is in place.
It is now 2015 and I am seeking advice from you as a second opinion to David Auld and Co on how to procede going forward.
Customer: replied 2 years ago.

As far as I am aware there is no typed up order. I have asked David Auld and Co to obtain one from the court a month ago but to date they have not delivered.

I held two pensions from previous employers. The order was for the higher value one to be taken by ex wife with costs of transfer shared 50 - 50. I completed my part of the form filling by the provider and sent the fee. 10 months later the pension provider informed me that the ex wife had not complied with the order and that they were still waiting for the fee.

It is not incumbent upon myself to ensure that the ex wife has complied with the order. I have asked her in writing to inform me when she complied with the order but she has declined to do so.

As I don't have the typed up order it is hard for me to say what is actually in it. I will call David Auld and Co and see where the typed up final order is. Can you tell me who is responsible for submitting the hand written draft to the court for typing up? I assume that it is the ex wifes solicitor or barrister as I was a litigant in person. I just took the hand written draft which was signed by the Judge and my ex wife on the advice of the opposing solicitor. She said that it was very important. From what you are saying it appears that it is not and that the typed up version is the document that has merit.

Expert:  Clare replied 2 years ago.
Hi
No doing that did not spoil the order or invalidate it in any way - it merely amended it
You can simply approach the court and ask for a copy of the order that was made that day - it is likely to cost between £5 and £10 for the copy
You need not worry about the pension Sharing Order provided you have done what was required of you - and nothing else needs to be done until next year which gives you a chance to prepare for what need sto be done
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,

I have had a couple of mails from you asking if there is anything further that I need advice on. At time of writing there is not.

I am currently at work and am unsure how you approach a court to get the answer that you state that they can provide. When I did this in 2012 via David Auld and Co I was informed by the Clerk of the Court that the copy of the final order that I held was the correct one. They did not send me another copy. I am afraid that if I go back to court stating that I do not understand the order then I will be held in contempt of court and suffer further fines and public humiliation. I would like to enjoy some financial benefit from the first 49 years of my working life and also seek the return of my tools, drawings and childhood possessions which I believe are still stored in the loft and sheds of the FMH. I think that by denying me the peaceful enjoyment of these articles, Newcastle Crown Court is in breach of article one of the European treaty of human rights establishing human rights within Europe which states that peaceful enjoyment of personal possessions is a basic human right.

Not much that I can do about it however if the ex wife insists in court that I am a child abuser and that she is scared of me and scared that I will assault un named children.

Expert:  Clare replied 2 years ago.
Hi
Might I suggest that you get a copy of the sealed Order (tell the court you hav elost yours) and then send it to me and I will explain it to you
Clare
Customer: replied 2 years ago.

OK.

I will try to get a copy when I get home and get back to you.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare