Can a solicitors letter be used in court as evidence?

[Ifyouarenttheone]

Just that really, can a solicitors letter be submitted as evidence in court?

Of course why would it not be?

However it’s not evidence of anything other than someone paid a solicitor to write it.

So @Bluntness100 if ex is making threats it isn't evidence that those threats were made?

Sorry just had my morning coffee, I get it now. Basically ex saying if I don't give him what he wants he is going to do x and y. Calls it compromising funnily enough yet it's all about control.

Ime solicitors write all sorts of crap. Until a judge orders something - ignore ignore ignore...

Depends on who the letter is to and what the purpose of it is - some correspondence attracts something called legal professional privilege- or if it’s there to advise a client, then it’s not admissible. If it’s addressed to the other side - normally fine (some exceptions around settlement offers and costs)

Ime
Please advise your client to remove her wooden blinds as my client is now unable to see into her house..
I kid you not..
Obviously I didn't.. And no judge would order such nonsense...

Basically ex is saying I must give him all the contact and holidays that he wants if not he is going for residency or shared care of dc. He has contact, I've never breeched any orders or witheld dc. This is now the third time he has done this.

Obviously not going to agree as his contact request is unreasonable the judge told him this the last time we went to court. But if he does take me back to court which I believe he will I just want to be able to say look he can't be that worried about dc or having residency/shared lives if he is willing to give that up provided I give him what he wants.

@Sunnydaysstillhere, my word that is just ridiculous. Some people really do amaze me and not in a good way.

I had an opponent (acting in person) claim that I was threatening her by writing to her to set out what my client's position was, and if she did not accept that, what his position would be in court (which was worse for her).

The judge had to explain to her that it was not a threat, and it was a perfectly reasonable thing for me to do (set out my client's position), and it would have been unreasonable for me to have kept her in the dark as to his intentions.

So just be careful what you label a threat. A judge may not agree with you.

Are the letters labelled without prejudice?

I’m not sure your argument stands there op logically.

His position is that the proposal is the min he is willing to accept
If you do not agree to this he would prefer full custody than less. This is fair for him to set out his position.

I cannot see logically how that means he doesn’t care about the children or residency because you’d agree to what he wants. I think any judge would be giving you the side eye over that. I certainly would. Because it’s irrational.

All the letter proves is his position is this is the min he will accept, other wise if less is offered he’d prefer full custody and would go for that.

You only perceive it as a threat because you don’t wish it to happen. This doesn’t mean it is a threat.

@MatildaonaWaltzer

Depends on who the letter is to and what the purpose of it is - some correspondence attracts something called legal professional privilege- or if it’s there to advise a client, then it’s not admissible. If it’s addressed to the other side - normally fine (some exceptions around settlement offers and costs)

This

If it’s open correspondence though setting out his client’s position not sure what help it will be to you, presumably the solicitor would know it is disclosable anyway

Is he asking for more contact less contact the ability to mess you around with contact? Or is he just stamping his feet?

Do you have a contact order already?

Already have a contact order, he is asking for the same amount of contact but basically wants dc every weekend. Also stamping his feet because last time judge but him straight on a lot of things. My solicitor has said the letter is very controlling and as I've raised this in court before and he stopped me going abroad unreasonably forcing me to go to court. There is a tonne of things that have gone on and it all goes back to unless you agree to what I what I am going to do x and y.

Also @Bluntness100, I know he doesn't care because he keeps saying he believes dc will be harmed by my actions yet in I give him what he wants then what all of a sudden there is no concern.

Sorry I know you all can only give me a general overview as you don't know the previous case. But thank you all for your advice.

Op it’s very different knowing it and proving it though.,,

If you have a contact order already ignore his letters. Just file everything he gives you away and wait for him to take you to Court to vary the order.

If he got a bollocking last time he would be foolish to take you back to court to vary the order and he's just wasting his money.

All I can prove is the pattern. The continued allegations towards myself, weekly there is an allegation, the historic emotional abuse.

Let him take you back to court. Pointless having a contact order if you give in to being bullied.

I think that's what I need to remember, he has a right to apply for whatever he wants and he can say right unless you give me what I want I'll be going for this. I think it's more the fact that he knows all professionals said that this is what is recommended dc is still very young but he doesn't like that fact. I wasn't happy with the contact anyway as he is abusive but in the end went with the recommendations.

Since then it has been constant allegations, all the time.

Is there a way to stopping him from raising pso's against me? Last time he raised 4 during the case, so if we went back is there a way of stoppinh this?

Pso? Prohibited steps order?

Raise your own? Vexious litigation not in the interest of the children?

Not sure about the pso's. My ex sounds like yours, wants more time with DC but when he is with them gets other people to look after them. Lots of false allegations in letters.

This article might help you see the kind of person you are dealing with. www.flip.co.uk/are-they-gaslighting-you-how-to-cope-with-a-narcissist-in-the-family-justice-system/

Any suggestion of a PSO is way off the mark - as would be a s91(14) direction. This is what happens when the general public weigh in with "advice".