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Family solicitor advice

7 replies

SiempreDot · 30/08/2018 17:56

I really need some advice if anyone can help.

My ex partner got in touch with me via his solicitor for a proposal for contact. I approached a solicitor and put down a counter proposal. My solicitor then sent this to ex's solicitor and I was under the impression that I was waiting for his consideration.

However, during a brief chat with my ex yesterday he mentioned he'd filed an application for court. When I asked why, he said his solicitor never heard back from mine.

I've been really trying to keep this out of court so I'm pretty distraught this has happened and trying to find out what's gone on, particularly as solicitors are not cheap at all.

My solicitor assures me the letter was sent, and I've asked for her to send me a screen shot of the email that went out. If it shows the right email address etc, then it would suggest that somehow my ex's solicitor has overlooked this and not communicated it to him.

What I want to know, is if it's my ex's solicitors fault, can I still file a complaint? The implications of that mistake are not insubstantial.

Conversely, if it turns out to be my solicitors fault, what should I do then?

Any advice appreciated.

OP posts:
Familylawsolicitor · 30/08/2018 19:58

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Familylawsolicitor · 30/08/2018 20:00

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SiempreDot · 30/08/2018 20:05

An application has already been issued.

I'd be willing to give my solicitor the benefit of the doubt if they contacted me with proof they sent my counter proposals through but they haven't replied to my request as yet. And in their initial email to my ex's solicitor confirming that they were taking instructions and would respond in full, they got my name completely wrong. It doesn't fill me with confidence.

I would like to keep it out of court as much as possible, but speaking to my ex this evening, he's made it clear he won't withdraw the application if I don't agree to his proposals in full. He's a narcissist and a bully and I feel like having a solicitor to advocate on my behalf is helpful with that really, but the costs are crippling me financially.

OP posts:
Familylawsolicitor · 30/08/2018 20:28

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SiempreDot · 30/08/2018 20:42

Thanks for your help. Are you a practicing family solicitor and if so could I DM you for some advice?

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Familylawsolicitor · 31/08/2018 09:03

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SiempreDot · 01/09/2018 21:25

No problem, I understand.

I spoke to my ex about our differing proposals and he's made clear he won't accept anything less than his own. My solicitor tells me he wouldn't get more then he's proposing in court, which makes me think I have nothing to lose by going to court as he won't compromise outside of it.

Can you advise whether Cafcass get involved in all cases in family court? That's the bit I'm dreading really. My ex partner knows I've had anxiety and depression, although not affecting DS, he's hinted he'll use that during the court process. My solicitor said if he did, he'd come out looking expedient and malicious given he's never raised it with anyone before hand. Do you think that's a fair assessment? What will Cafcass be looking for? Can this be used to give residence of DS to my ex partner?

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