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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 9049
Experience:  Barrister at law
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PLCLegal please. Can I file an application to Holborn, for

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PLCLegal please.Can I file an application to Holborn, for costs of Psychological reports to be shared 50/50 with Ex? The obligation is for me to supply reports under the Order but he has no obligation to share costs of any medical work or reports. So he gets all the benefits with no burden. Its always me paying.The private reports I've arrnaged are ASD diagnosis and Education psych - which child desparately needs to stop an endless slew of detentions. He has self-harmed in school due to these.Private reports speed up the NHS process and make the ultimate NHS process more likely to be successful.I got the price to £3200 his half £1500 or thereabouts, which is much less tan the £10,000 some firms wanted.I asked him what contribution by email - he's obfuscated with wanting to see a written proposal but all the detail is in the invoices which itemise.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can, which will be some time later this morning as I am engaged in a hearing between 10 - 12.

Thank you in advance for your patience.

Thanks for your patience.

It would obviously be better to reach agreement over the costs without having to make an application, but yes, there is the possibility of applying for a specific issue order on the medical reports and him sharing the cost of this.

I think as it's about costs (and essentially money) though, and not directly the child (the court not having ordered the assessments to take place) that a judge may say this is not an issue for the family court to deal with under a section 8 order (which is what a specific issue order is). The court really hates to get involved in financial matters, hence why previous issues like this have been dealt with as recitals not part of the order (I recall the doomed application to enforce something that was a recital).

My view is that you may end up having to make a schedule 1 children act application for financial support with the assessments.

Is this something you have knowledge of?

I didn't hear from you again, so I'm adding a link here to the children act application for information purposes: 

Schedule 1

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!

Customer: replied 13 days ago.
That's interesting. Agree it is likely to avoid ordering financial support.
But, the case for me seeking Specific Issue order, ramps up if child needs ongoing CBT (not available on NHS). You may recall there was a serious safeguarding incident in school, and I have spent the last 3 months corresponding with school and therapists to make it better. CBT will stop being covered by my family insurance and will need to be paid for direct – I could apply to court for
1) Ongoing CBT sessions for the child
2) Refund 50% of the psych reports which request for contribution he is ignoring
3) Cycle helmet purchase ignored to date
4) Costs
8 weeks of insured CBT start soon – he would need more help from about October this year. I could apply now for then – because of the long delays (6months) getting into court?
Customer: replied 13 days ago.
Filing the children proceedings in Holborn might give a tiny boost to the argument that my cases should all be in Holborn (sale of home included). Given that Wandworth court is asleep.I phoned Lender today who boringly still refuse to breach GDPR so I wrote to Ex's conveyancer and said I would not be hunting for a property lawyer until my Ex actually produces evidence he was accepted for sole mortgage and it remains the court's job to decide, including sale. I reminded them costs are for my Ex. As such, if that remains stony silence then I definitely should move everything to Holborn.
Customer: replied 13 days ago.
I am spending on legal fees ahead of SEN tribunal and never asked Ex to contribute. Only because I fear Ex would say its a bad school and file an order CAO - to relocate child to Cornwall. So the SEN tribunal expenses will continue to fall on me. That is not something I should bring into the conversation. Many reasonable adjustments achieved but (1) inadequate joining up means Child gets dragged into wasted time errors (2) discipline system remains largely inflexible which has caused my child much mental distress

I understand. And yes, applying sooner rather than later allows the court time to catch up ahead of October. Can I assist further at all?

Customer: replied 9 days ago.
I had a look at some links
Cost £232 for items below including specific issueHow about I draft up the C2 - and come back for comment?Applications under the Children Act 1989 – fees order 2.1
• Any new applications under the Children Act 1989 to request
permission to issue proceedings or for an order or directions to be
made concerning the child(ren) e.g. Child Arrangements Order,
Prohibited Steps Order, Specific Issue Order or Special guardianship
order

You would need the c100 for a specific issue order, rather than a C2 as previous proceedings have already concluded.

Also don't forget the MIAM requirement for any new application.

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