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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 1770
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Thank you for quick response. Are you a UK lawyer? If so,

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Hi thank you for quick response. Are you a UK lawyer? If so, coming to the end of my divorce, obtained Financial Dispute Resolution (FDR) order early December, joint conduct of sale of family home amongst other things. Ex has already breached the order. I need to go back to Court urgently to apply for sole conduct of sale. What Court can handle that ? And how do I get court to expedite quickly
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have filled in the D11, ready to go
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Greenwich/Blackheath, London. The early December FDR hearing was at the East London Family Court in Canary Wharf, Tried to contact them on Friday. Couldn't get through. Was wondering if a local magistrates court can handle. I imagine we're looking at 15 mins of a judge's time - can be handled by email/phone hearing as very easy for me to prove that ex has breached the Order so should hopefully be quick decision to give me sole conduct
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's all thanks

Hello, I think I got cut off from an earlier feed. However, I appreciate you say that it will be easy for you to prove this and if this is the case then you should find this easy. However, when making an application to the court the judge will have to consider what all parties have to say, for example you ex may claim some kind of exceptional circumstance for breaching the order (just an example). You will want to make the application to the same court which has issued the order to have the breach heard. Additionally if there is some circumstance that makes this case urgent, for example a pending sale of the home with a nearby date, then you can ask the court to give you a "without notice" hearing. However, you should send the forms you have off to the court you have previously dealt with as the same judge may want to resolve the issues which are ongoing.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

Customer: replied 6 months ago.
Thanks Ross

You are welcome best of luck moving forward.

Kind regards

Ross

Customer: replied 6 months ago.
Hi Ross - thanks and no problem. Will do. One more question: On the back of the form D11, it says, 'A draft copy of any order you are applying for must be attached to your application. The draft should state the amount of any costs to be paid by the other party and a brief calculation of how it was arrived at'.. I don't understand what that means.In Section 3 of the D11 form, where it asks me to state what order I am seeking and why, I already say:
I am returning to the Court to report the Respondent Husband's breach of Court Order 2.1: Financial Remedy Order, made by District Judge Williams on 9 December 2019, at a Financial Dispute Resolution (FDR) hearing at East London Family Court, and as a consequence, asking the Court for Sole Conduct of Sale pursuant to paragraph 23 'Liberty to Apply' of the enclosed Order. See 10 below and separate sheet.- so what 'Draft copy of any order you are applying for....' can/should I attach?

Just state that you are asking for the original order to be amended and attach a copy of the original order. Donn't worry about fees as you are representing yourself, this would only be legal fees and you cannot charge them for your own time (sadly). If possible you may wish to instruct a solicitor to help with this matter but that is entirely up to yourself.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

Ross Miller and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi thank you Ross. Accepted. That's helpful (amendment rather than new order). 5 stars on their way

Thank you, ***** ***** are looking for sole control of the sale then it would be easier just to have the current order amended to reflect that. I wish you the best of luck moving forward.