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Help with legal terms (CAO)

(5 Posts)
FV45 Wed 18-Jan-17 11:44:43

I have a thread in Relationships but am posting here as I have some specific questions about legal terms/language.

For background, ex and I are in family court soon to discuss a Child Arrangement Order. Things are extremely acrimonious.

This is exactly what I posted:

Well, knock me over with a feather!

Mr Postman brought me a letter from ex's sol yesterday.
I have loads of questions, but I wonder if any of you can help me with just a couple (maybe I should go to the legal boards).

He's written a Position Statement.
The letter says

"This PS has been approved by my client and, in the absence of any agreement from you, will represent his position at Court. It is however at the moment undated and unsigned in the hope that agreement can be reached and it will not then be required by the court.

[Ex] will be represented at Court by [name] of Counsel. If you are instructing solicitors to represent you or direct access Counsel, please provide me with their details."

If you are able to agree the arrangements so that each of you have a 'Live With' Order in respect of [DS2], on the basis of the attached PS, I would be grateful if you could confirm by 23rd Jan"

My Qs.
1) If agreement can be reached, do we still need to go to Court ie what does it mean "not then be required by the Court" What is "it"?

2) What does "of Counsel" mean?

3) What does "...or direct access Counsel" mean? I don't understand the way it's worded.

4) What is a "Live With" Order?

It does look like his sol has said that no Judge would agree to the current set up so told him to propose something better. He's managed to change his working hours and the proposal is for DS2 to be with us the same days week on week with alternate w/e. Over 14 days I would have DS2 8 nights and ex 6 nights.

There's also lots of blather about how he (ex) provides great child care and how I don't. Yeah...well if I only worked 12 days out of 28 I'd be around more as well. Ya boo.

Oh and how I have to take DS2 in the car to drop DS1 at the bus stop. As if that's a criticism..he doesn't do a single bus run for DS1. But I guess I will have to stomach all that crap and just focus on the residency.

NewNNfor2017 Wed 18-Jan-17 12:09:29

I can't answer all of it but the "live with" terminology has replaced the term "residency", and it appears that your ex's solicitors are proposing joint residency of your DS2, which would mean that you would both have the legal rights associated with being the "resident parent" to take him out of the country for up to a month without consulting the other.

MrsBertBibby Wed 18-Jan-17 12:27:19

"Of counsel" just means a self employed barrister, rather than a lawyer employed by that firm.

"Direct access counsel is where you hire a barrister direct, rather than using a solicitor, who may or may not instruct a barrister to do the hearing.

The "it" means the position statement.

MrsBertBibby Wed 18-Jan-17 12:29:27

You will still need to go to court even if you're agreed, unless the judge approves the arrangements between now and the hearing.

FV45 Thu 19-Jan-17 06:50:27

Thank you very much.

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