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Child arrangements order incorrect

13 replies

PapaHet · 09/06/2023 00:22

Has any had this situation before:
I have represented myself in court as I can no longer afford legal representation, I’ve been falsely accused of all kinds of abuse and prevented from see my child. After having a final court order in place my ex partners solicitor was tasked with writing the order and left out specific conditions, made changes and altered details agreed in court. After I raised this they refused to change it and the magistrate also agreed that it was final and refused to check. I have written complaints to the court which was not addressed correctly and my complaint was altered during their investigation and not dealt with. Now I am being ignored by the court and there appears to be significant bias. All I want is fair treatment and to see my child, I don’t want anything other than fairness and to work together rather than having my ex continually trying to make contact difficult and one sided. Has anyone else experienced this before? What can I do next? Is it worth me pursuing because it seems old no one is listening or wants to help.

thank you

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Collaborate · 09/06/2023 09:38

The magistrates will have prepared wiritten reasons and you are entitled to see that.

If the order is at odds with what is in those written reasons (essentially a judgment setting out what they found and why them made the order they did) then the magistrates are entitled to change their minds but in the absence of written reasons why they changed their minds the order will be appealable.

PapaHet · 09/06/2023 13:06

This difficulty is that I have formally complained but they have not responded to my complaint to have this changed. The respondent solicitor had made the changes after the hearing had ended and the magistrate has supported the change they had made despite the opposite being agreed in court.

After further complaints I am now being ignored by the courts in order to have my concerns raised appropriately. Court are also ignoring my request for the hearings transcript.

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Collaborate · 09/06/2023 14:09

I didn't say you need the transcript. Anyway you have to pay for that.

There will be written reasons. Get them. Then decide if you should appeal.

Or see a solicitor as you appear to be floundering on procedure, if not the law.

PapaHet · 09/06/2023 14:53

I have a book on the law but there is nothing about this stuff and it's hard to find online. I can't afford a solicitor any more.

I'm waiting for a quote for the transcript but I was hoping that would give me leverage since decisions and justifications are being denied.

I will see if I can get the information you have suggested but the courts are not responding or complying.

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Collaborate · 09/06/2023 15:39

PapaHet · 09/06/2023 14:53

I have a book on the law but there is nothing about this stuff and it's hard to find online. I can't afford a solicitor any more.

I'm waiting for a quote for the transcript but I was hoping that would give me leverage since decisions and justifications are being denied.

I will see if I can get the information you have suggested but the courts are not responding or complying.

You need to be emailing the legal advisor who was present in court at the hearing. They can supply it to you.

PapaHet · 09/06/2023 17:11

They have refused and have denied what has been agreed in court.

I have complained to court for the third time but nothing.

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Puzzledanddissatisfied · 10/06/2023 09:29

Maybe worth asking a solicitor to look over your complaint and a future letter and comment on the wording. A properly worded and correctly directed letter can do wonders.

PapaHet · 10/06/2023 09:34

I have done this a number of times but it gets ignored by their solicitor. I can no longer afford this option so I am stuck with representing myself unfortunately.

I cannot believe how this type of stuff is allowed. No complaint I have made to anyone has been taken seriously nor investigate appropriately and I am running out of options and places to go.

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UndercoverCop · 10/06/2023 09:40

What was agreed in court and what does the agreement say?
The magistrate may see no material difference in outcome

PapaHet · 10/06/2023 09:45

They constantly change the order and say it's for the sake of me breaking the order - which is a lie. They change conditions for control and justifying by saying it was agreed in court despite not being included in the other.

My complaints are based on this as well as serious breaks of the court order but nothing is happening about them. It's been 12 months of challenging the court action and collecting evidence.

If I go back to court I think I do not think it will go my way. It can't really because then there are wider issues if I get fair treatment because it should have happened before.

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Whiskeypowers · 10/06/2023 14:11

What does the order state?
what was the outcome in court?

JustAnotherLawyer2 · 10/06/2023 17:28

If it's been 12 months you are out of time to appeal. Stop complaining and simply make a new application for a variation to the existing order.

PapaHet · 10/06/2023 18:04

The new application for a variations will get rejected by court because the breaking of the order will not have been classed as serious enough to warrant another case. They would want me apply for a variation first which will get rejected - that option is pointless.

I need court to take it seriously.

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