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Legal matters

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Ex barrister adding things not discussed to order

6 replies

ThisIsTheLast89 · 13/05/2021 21:10

Just received a draft order and my ex's barrister has added bits to the order not previously discussed. Changing the handover location, putting in there rectials that there are safe guarding concerns against me even though no professional has backed this.

I've asked that this be changed but seems they're dragging their heels on it. Is this typical for barrister to just add things in that haven't even been discussed and to make such accusations?

OP posts:
nickymanchester · 14/05/2021 12:07

Is this typical for barrister to just add things in that haven't even been discussed and to make such accusations?

No, it isn't. Also this sounds a bit odd as normally consent orders are drawn up on the day when you are in court. Was the barrister attending remotely through zoom etc?

It's really important that you go back to the barrister and dispute this. What you may win in court, you may lose by the other side’s solicitor preparing a draft order that bears little resemblance to what was ordered in court by the judge.

Do not agree to anything or sign any consent order.

ThisIsTheLast89 · 14/05/2021 12:59

It was a final hearing via zoom. Only thing the judge ordered on was that time was to be spent with each parent, a lives with order and travel. Handover locations were discussed in a previous hearing 9 months ago and it was agreed as a public location (cafcass initially advised outside a police station) and due to exs behaviour and had remained at this location, no discussion of changing the location at all. So to see this draft order and that being included.

@nickymanchester if we can't agree on this do you know would happen. Would the judge just make a decision? Or would they drag me back to court?

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Soopermum1 · 14/05/2021 13:10

My ex's solicitor tried to do this. I objected. She emailed the court clerk, who told her off. She was also a bit shady on who was to pull together the bundle. Thankfully, Mumsnet put me straight. Very disconcerting when I'm not represented, so I insist on signing off on everything.

ThisIsTheLast89 · 14/05/2021 15:35

@Soopermum1, had the same thing happen with the bundle and they tried to remove my evidence, in fact quite a bit of my evidence didn't get submitted.

Problem for me is it isn't something the judge made a decision on so I'm guessing it's for us to decide.

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ElsieMc · 16/05/2021 12:42

I thought I was alone in this. I was unrepresented at a very difficult contested hearing and when the order came, the venue was as originally ordered not the one ordered at final hearing. It was the one his client wanted and it was moved because of his aggression.

I think some barristers believe you will not check but I read it all through carefully. I made an immediate objection and asked for a the order to be redrafted in line with the Judge's order. So slippery.

ThisIsTheLast89 · 16/05/2021 15:13

@ElsieMc I had a direct access barrister but no solicitors. The fact my ex is so insistent of darkening my door step with his toxicity really baffles me, I just want to say you get to see our DC so just stop, and yet he wants to control it all. Just thankful I read it all.. also moved into the order they no third parties are to be present at handovers.

Wouldn't the judge read through all of that before approving the order?

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