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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Ex’s barrister

10 replies

Justus77 · 25/04/2020 08:35

Is it normal for them to say that evidence is insufficient and be so confident that it won’t be enough on court?

OP posts:
Mumblechum0 · 25/04/2020 20:49

Impossible to advise on such a brief post!

What is the issue?
What stage have the proceedings reached?
What directions have been made?
Have they all been complied with?
Give us something to go on OP

Justus77 · 25/04/2020 21:20

Ok sorry, so court order in place. Not adhered to children didn’t see the other parent. Other parent has now taken the matter back to court for enforcement.

Suggested it’s highly unlikely that an enforcement order will be made even though the order was not adhered to

OP posts:
Velcroqueen · 26/04/2020 06:54

Highly unlike that an enforcement order will be made after just one non-compliance.

Other party will at least be given one or two more chances before they get pulled up on their behaviour.

Justus77 · 26/04/2020 10:02

Oh I know I’m being vague but do not as to drop feed:

I had a problem with alcohol that meant that a progress in contact order was made

I’ve now been alcohol free for over a year. Had counselling and with support network

He cited the order again and again to me but has not progressed the order citing alcohol as the issue. I have provided him with negative hair strand test twice both for 6 month duration each that show complete abstinence.

He has been told to ensure compliance by social services and my solicitor he just makes excuses

The background was that he was controlling and abusive. This has played a huge part in my addiction but I take full responsibility for my own actions and do hold myself accounts for allowing myself to be treated like this. I’ve reported him a number of times all he has is a caution for this.

I think once the cops knew I struggled with alcohol they stopped taking me seriously. He had exaggerated the truth.

The issue I had come with a background that I think is important. His solicitor has written to the courts rubbishing me and telling me that I need to do a schedule of 3-5 points for discussion.

He has breached every point of the order consistently. I think the background is relevant.

Phew that was long.

OP posts:
Justus77 · 26/04/2020 10:04

I won’t be taken seriously will I

OP posts:
Doyoumind · 26/04/2020 10:08

Bear in mind his legal representation are working for him and will push things the way he wants. Don't expect them to care about your side of things. It's your job or your solicitor's to push for your side.

Velcroqueen · 26/04/2020 12:15

Thanks for confiding in ya. You sound like a very very strong mama. Hang in there and you will get your wish. Courts only concern themselves with welfare of the children and what’s best for them at their respective age. I made applications to court and have provided a meticulous diary and email screenshots etc. The narrative was clear: my ex is trying to control me through the children. The judge saw straight through him. Cafcass sees areoles like that all the time.

Stay sober and stay on top of things. Keep a diary with date and time details and make an appointment with a different solicitor who will push your case. Highly recommend Kate Jenkins (barrister, London, Lincoln’s Inn) if you can afford her. She is one tough legal eagle who takes no nonsense from the other party.

Justus77 · 26/04/2020 12:38

Thank you!! I qualified for legal aid before but now that I’m working (! One month with huge debts) I have to pay for legal advice and counsel! Just out of curiousty how much would this lady charge per day for representation do you know?

OP posts:
Velcroqueen · 28/04/2020 16:06

You can call her clerk at the the office and ask what she would charge for a phone conversation. I think it ended up being about £1000,- per Court representation (she had to travel and read through huge files and prepare meticulously). She was worth every penny. I’m still paying bits off. Her office is fine with that. Actually initial meeting was £250 in that region. She might be able to give advice for less or recommend a slightly more junior member of the team. The entire chambers are filled with very bright heads -you cannot go wrong. Wishing you the best of luck and message me privately if you need more info. 💐

Justus77 · 28/04/2020 19:26

Thank you. Will get in first thing tomorrow

OP posts:
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