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plclegal, Barrister
Category: Law
Satisfied Customers: 8288
Experience:  Barrister at law
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I have queries to a child court order i have not agreed the

Customer Question

I have queries to a child court order i have not agreed the daft drawn up by a solicitor by the applicant, though, the solicitor has sent this to the court without my agreement. What route do I take ?
JA: Where are you? It matters because laws vary by location.
Customer: derbyshire uk
JA: What steps have you taken so far?
Customer: we have had one hearing in court (from home due to Covid)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 6 days ago.
Category: Law
Expert:  plclegal replied 6 days ago.

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 6 days ago.
I appreciate that my question is a broad brush as such so I shall elaborate, I do not have a solicitor, applicant does. We attended a court hearing following failed mediation (could not agree on dates) previous order was in place from 2017. This is a child’s arrangement order. The applicants solicitor has drawn a draft order up, I have been in communication with them with my disagreements to this, the solicitor has not taken my disagreements in account and sent the order to the courts. I received an email today out or courtesy the solicitor said, this detailed that the order has been sent to the court though I disagree with the content as some of this does not stand corrected to that agreed by the magistrates. Upon asking the solicitor the response I got was “ I am obliged to draft an order. If you do not agree to my draft, I eventually send it to the court with a note of what you do not agree inviting the court to deal with the issues in whatever way is fit. That is the procedure and that is what I did. I informed you that is what I was doing previously” I have been through my emails and on three separate occasions I have expressed my disagreement. At this point am I best to get a solicitor myself? Can an order be drafted and sent without my agreement?Thank you for your time.
Expert:  plclegal replied 6 days ago.

I'm very happy to assist.

I understand the issues.

The draft does need to be submitted pretty soon after the hearing and where there is disagreement and one party is acting in person, the standard approach would be to send a draft and highlight what is not agreed, asking the court to refer it to the judge/ magistrates for correction if required.

It feels very much like you are being ignored, I appreciate, and some solicitors are more sneaky than others in trying to draft unfairly.

Most of the time the exact wording can make less difference than you think, but I appreciate I don't have the full detail over what the disagreements are.

To be honest the process is the same if solicitors don't agree about the draft, though it's also fair to say that it's quite rare for solicitors to not reach some form of compromise as they would look like school children bickering in front of the judge given that they are legally trained and should be able to resolve the issues!

If you feel you need a solicitor to fight your corner, then perhaps its time to get one on board. Or a barrister, who you can employ directly on a hearing by hearing basis - this might be more cost effective.

I hope that this answers your questions? Can I assist you further today?

Customer: replied 6 days ago.
Understood thank you. I can ask for the notes sent to the court of the disagreements cant i? Just that I have had no response to this, what if all the disagreements are not included in the applicants solicitors notes? If there a route to take myself in obtaining these?
Expert:  plclegal replied 6 days ago.

Very happy to help.

You could email the court directly with your notes and ask these to be placed before the magistrates alongside the order that has been submitted.

I trust that this assists?

Customer: replied 6 days ago.
Great, thank you.
Expert:  plclegal replied 6 days ago.

My pleasure, happy to assist.

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.