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plclegal
plclegal, Barrister
Category: Law
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Experience:  Barrister at law
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Subject :Child contact fallowing question; is a solicitor

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Subject :Child contactfallowing question; is a solicitor obligated to inform one of the partners that they are now taking things in their hands in some form of a latter before acting on behalf of a parent?
I have a situation whereby a court order already in place I am entitled to communicate with the Mather of my child directly with her. As we couldn’t reached an agreement or say during that time I suddenly have her solicitor involved which is now confusing as it’s just making more mess around a very simple decision.
So shouldn’t they first inform me that they will be acting ok her behalf in regards ***** *****
She had used the solicitor who made it clear that they only act with respect to financial matters.
Please can you let me know.

 

Hello, my name is Peter and I’ll 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.

I'm just reviewing your question.

There is no obligation for either the mother or her solicitor to formally notify you that they are acting for her and have authority to negotiate for her, aside from sending you a letter which they have done as far as I can tell from your question - and this is sufficient.

Is there anything further I can clarify about this for you today?

 

Customer: replied 15 days ago.
Yes well my problem is that I am entitled to communicate with her to one to an agreement. As we came to the point whereby the mother emailed me to say I will not see my child for three weeks due to coronavirus and not taking to account that the government dose allow divorced parents to continue contact with children. At that point I have wrote a very kind letter inviting to mediation.
In response all I have is a very short email for her solicitor who clearly didn’t get to know the matter on which we’ve been talking about and threatening with the police.
Customer: replied 15 days ago.
Well as I understand they have already contact the police despite the fact that all I have done was try to find alternative days to see my child as due to the mother’s personal difficulties she is stoping me form seeing my child. I have agreed to miss that one day and try to swop it for another one later in a month...

I understand.

You are entitled to communicate about contact, and contact should not be suspended unless there is a credible risk to health. Children should be able to travel between parent's houses.

If you are now being asked to communicate through her solicitor, then this is what you will have to do I'm afraid.

You can be clear that contact, unreasonably withheld, will result in an enforcement application to court.

I hope that clarifies things for you?

Also, I'll check back in with you in 1 day on 3/27/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
Customer: replied 15 days ago.
Ok I think I will have more questions thank you

Of course - and I'll be happy to assist if you do.

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

Kind regards,

Peter

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