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Legal matters.

(8 Posts)
HowamIgoingtocope Sun 25-Dec-16 03:41:51

My freind is currently going through legal matters regarding the custody of her son. It's a complicated case. I was just wondering what lengths ex partners have gone to to try and win a case. For example saying they have a contact order in place. Yet only sends a snippet. The court as far as I'm aware should have sent a copy to my freind as well. Will be taking this up with her solicitor in January. Getting very frustrated.

Ellisandra Sun 25-Dec-16 08:59:25

If this is in England & Wales, I don't see how he would have a contact order from the court without her being involved in that.
I believe you're usually not even allowed to go to court without first attending mediation (MIAM) - exceptions for abusive relationships.

HowamIgoingtocope Sun 25-Dec-16 10:26:11

It's an abusive relationship. This is what I thought. They have been to court twice. He's very controlling and utilising the baby to get what he wants. Lots of allegations on his side . She's close to a breakdown yet he has decided to let her see the baby today. Which again could go one of two ways. I had my doubts about thw order. It was discussed in court and she had a schedule sent to her. He keeps stating he's had it amended. She has me on side , there is no way on earth he has amended it. I've been through thw process myself and courts do not send stuff by email.

HowamIgoingtocope Sun 25-Dec-16 10:27:58

Believe me mediation would be pointless. So much so he bypassed all courts and petitioned to the high Court initially. She now has to travel to go to court. The judge has said the hearing shouldn't even be in that district. I'm in court with her in February. So need everything in place before then.

NewNNfor2017 Sun 25-Dec-16 12:30:09

He keeps stating he's had it amended. She has me on side , there is no way on earth he has amended it.

He could have applied for an emergency order which would have been heard without giving her notice - and any decision, particularly if it was applicable over the Xmas period (such as preventing contact to protect a child from a parent, for instance) could have been applied immediately. I do know that some courts will notify by email with a follow up letter - again, not unusual if it's near Xmas and post is likely to be delayed.

Given that your friend is currently the NRP of her baby, and the courts have been involved, I suspect there is a lot more to this case than just an abusive ex.

HowamIgoingtocope Mon 26-Dec-16 20:33:32

I'm not going into full details. However there is no emergancy order as her solicitor would have been informed. I've been asked to look at a few documents and I don't believe they are genuine as my freind has never seen them. I'm yet to speak to her solicitor about them. I'm also sceptical as the wording isn't quite right.

HowamIgoingtocope Mon 26-Dec-16 20:35:33

The dates of the documents are historical. So no there is no emergancy order. One thing he simply doesn't have the funds to.do that as he currently has outstanding fees he needs to pay.

HowamIgoingtocope Mon 26-Dec-16 20:36:57

In addition. The extent of the case boils down to a controlling ex. I've been here. Allegations are made that are false ( been there fought the he'll out of it) when exs have nothing left to lose they lie and lie. This is where we are at now.

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