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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think a judge shouldn't be able to do this

6 replies

mezzaruna · 31/10/2018 20:00

I've endured a year long custody battle with my ex. I'm so pleased it has come to an end and I have been awarded full residency of our son.

My ex is overall a good dad but was not a good partner.

The judge said it was the first case he had ever heard in his many years as a judge where neither parent had bad mouthed the other and it was a privilege to judge the case. He said our Son was very blessed to have us as parents.

Saying that, he seemed to view my ex as much more noble than he really is. My ex had exaggerated a lot of things relating to his own parenting (amount of days he had our son, the maintenance he paid, his job security among other things).

The judge in his order has reserved all future litigation regarding us to himself. Which essentially means that if either myself or my ex were to apply to the courts again, he would be the one hearing the case. This is now in a court order which makes it legally binding.

The only time he would not hear the case is if he was no longer working as a judge.

Now I hope I never have to be in court again with my ex but he has the finances to start litigation and I feel he may take me back to court for something in the future.

I have already spoken to a solicitor about this and it is clear the judge is legally allowed to do this and there is nothing I can do about it.

AIBU to think a judge shouldn't be able to 'reserve' a case in this manner and this is an odd/rare thing for a judge to decide to do? Has anyone heard of this before? Is it common practice?

I can just hope my ex doesn't take me to court again as I feel this judge is biased towards him but unfortunately I think my ex uses litigation as a means to control me.

OP posts:
Muffintop101 · 31/10/2018 20:18

YABU. It’s good in Children Act cases for a judge to reserve a matter to themselves. Judicial continuity is important for the child so that issues that were previously dealt with aren’t rehashed, or if they are, then the judge will know whether it is important to look at a particular issue again.

It doesn’t sound to me like the judge has formed any particular view of the children’s father other than that he is a good enough parent. You have an order that the children live with you and unless circumstances change, that probably won’t change. Don’t worry.

MissMalice · 31/10/2018 20:20

Judicial continuity is a good thing.
If he hadn’t reserved the case to himself, next time you could have ended up with a judge who fully sided with your ex.
You presumably got what you wanted - “full residency”. Not sure why you’d be complaining.

SillySallySingsSongs · 31/10/2018 20:21

You have posted the same thread twice.

ragged · 31/10/2018 20:27

Do you wish you had badmouthed your X, instead? Do you think that would have got you better outcome?

loubluee · 31/10/2018 20:30

Surely this is a good thing?

Allthewaves · 31/10/2018 20:30

But you were awarded full residency so why wouldn't you want the same judge. You said he is a good father too so quite surprised about you getting full residency

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