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plclegal
plclegal, Barrister
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Experience:  Barrister at law
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I am extremely unhappy about a judges settlement in a family

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I am extremely unhappy about a judges settlement in a family court case. Can I email the judge to ask how he based his decisions? What can be construed as "harassment "?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: It was all done in Nov 2018.but the repercussions for the family and my self have been devastating I made an application this year to redress the settlement, it was approved then the same judge vacated it . I'd like to know what I can and cant say . I do not want to be charged with harassment. But what gone on is very bad .
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: UK I have the judges email . Its mainly the legal aspect I'm concerned about
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The settlement has been viewed by legal and non legal people viewed as extremely unfair. The judge that set it for a final hearing described herself as a close personal friend of my ex wife s solicitor, on the court recording

Hello, my name is Peter, I'm a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me what it is that you are unhappy about in particular, in relation to the decision made by the judge?

Customer: replied 17 days ago.
With children living with both parties the judge made a 80/20 percent favour settlement to my ex wife.
Ex wife submitted a bogus loan by her mother on the day , 20k which neither me or my solicitor had seen , not in the bundle as was required. Judge cleared all ex wife's debts plus awarded all her costs to me 12k.despite me proving all family expenditure with bank statements and ex wife's lifestyle, judge awarded 75 k of my share on unsecured , insured plastic credit card debt whilst leaving me 60 k in debt .my solicitor promised a lot and talked the talk but on the day was silent. I was grilled for 8 hours in my earnings sent out at lunch to get more bank statements, whole court hearing a pantomime for maintenance. Also the judge included a caveat that should I remarry and start a new family ex wife has a claim on my estate till youngest 18 , though despite early deaths in her family I cannot make a claim on her estate .should she remarry , and pass unexpectedly, her new spouse gets our money without having any responsibility for housing the two youngest children
Customer: replied 17 days ago.
My ex wife was applicant. At no point in the 2 year divorce did she or her solicitor make an offer .
I offered 50% of the fmh, a mortgage free flat worth 190 k plus I take responsibility for all family debt .
They rejected this .the judge that set it for final hearing described herself on record,as close friend of my ex wife solicitor who controlled the divorce throughout.
On the day my solicitor refused to go to other side and offer my stated offer before chambers.
My ex wife in her statement demanded everything, though she came into the marriage with zero assets.het decision to go into chambers ruined me financially.
The only reason I think the judge flushed 75 k of my share if the fmh down the toilet whilst ensuring I remained massively in debt and could no longer obtain a mortgage, was to ensure I could at no point get back on my feet financially but would be easily targeted for child support through work
Customer: replied 17 days ago.
I was steered away from costs hearing , steered away from appeal .the one day in court cost me 114 k. My solicitor, despite taking a charge in the property equity , demanded 1000 up front or she said she would not attend on the day , I'd already paid her substantial sums. This 1000 pounds resulted in a 30 pound direct debit failing for 3 weeks on car insurance. I was stopped by police, 6 months later banned for 2 weeks plus 2 k in legal and fines

Thank you for clarifying and for setting out the situation - I'm sorry that you have been through all of this.

You are obviously past the window for a successful appeal, and I don't think that is what you are seeking in any event.

You absolutely can't email the judge and ask them to justify their actions - there's simply no point.

You have had the court hearing, and at these hearings things can either go in your favour, more evenly or very much against you - obviously the latter is the case. Your solicitor perhaps could have been more robust in defending your corner here, I do feel.

The only reasons to overturn the judgment would be a material non-disclosure on behalf of one of the other party, or a substantial change in circumstances from the date of the order of the party burdened with the lion's share of ongoing maintenance payments.

The point is that the judgment may not seem fair, but if it's not made in contradiction with the powers given to the judge in law (I cannot see evidence of this) then it is very hard to come back to it this long after then event and ask for things to be redressed in your favour. Does this make sense?

Customer: replied 17 days ago.
Yes.
I made an application in dec last year for 1/4 share of flat my ex down valued for the court and for maintenance. As I have been forced into financial ruin and have not worked much at all since the settlement. At first the application was accepted with dates for hearings set. Then I found out yesterday the same judge had vetoed my application on the 7 th January .the door is open for her to claim on me anytime for the next year six years though I cannot claim against her. The money my wife was awarded she spends on herself, holidays etc , never much food in her house for kids , they lack clothing etc which I pay for .in addition the money the judge awarded her she has enjoyed an agency to hound me 24/ 7 to obtain figures of my self employed earnings to gather info for maintenance.
Why , so long as I am not threatening or abusive can I not contact the judge making clear his female entitlement/ enrichment scheme has made an absolute mess if everybody's lives bar hers .it has not helped the children at all.
Also surely if a judge describes herself as a close friend of my ex solicitor minutes before setting final hearing , surely this is unethical and corrupt?

Contacting the judge would be inappropriate in my view and will not achieve anything - but if you feel this is what you need to do then nothing I advise will prevent you from doing that.

If the final order stated that there could be no further claims from you - then the judge has followed that order by vetoing the application - as far as I can see.

The indication that the judge was close friends with the solicitor is not in itself something that would suggest they are unethical - solicitors and judges often are friends outside of the courtroom and many judges come from solicitors practices or barristers chambers - only if you can show that the friendship caused the judge to make a biased decision (bearing in mind the judge has no need to please the solicitor here, regardless of whether they are friends, and you can only really show bias if the judge has a relationship with the parties).

That said - if you felt their was judicial bias then you should have appealed the order.

Can I clarify anything about this at this stage?

Customer: replied 17 days ago.
I had 14 points of Misconduct against my ex wife solicitor, including the fact her solicitor was aware ex was reading my emails without my permission and the solicitor blocking me from mediation which would have saved the family thousands .
I have a direct link between a proven corrupt police officer who fabricated evidence to the cps in the divorce , my ex wife solicitor a d the judge whi set the case for a final hearing.
Where do I go with all that?
In terms of contacting the judge who did the final settlement so long as I am not abusive or threatening , what can the judge do?

With conduct points, you need to address this to the Solicitor's Regulation Authority to make a complaint - https://www.sra.org.uk

If you contact the judge I expect they will reply politely that they are not going to engage in a discussion with you about a decision made in court and that you had the avenue of appeal available at the time.

I hope that clarifies the position for you?

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

 

Hello - I didn't hear from you.

Can I assist you further with your question?

 

 

Kind regards,

Peter

 

 

Hello - I didn't hear from you.

Can I assist you further with your question?

 

 

Kind regards,

Peter

Hello - I didn't hear from you.

Can I assist you further with your question?

Kind regards,

Peter

 

Hello - I didn't hear from you.

Can I assist you further with your question?

 

Kind regards,

Peter

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