Family court

[Freshwaterlilly]

Hi
I’ve only just joined as I can’t find an answer to my question
my daughter is in a bitter court battle with ex partner domestic abuse
child care issues my grandson is 3 non verbal and autistic
she has been taken to court by her ex partner as he has applied to have unsupervised contact with my grandson long story so will not bore everyone
he’s paying privately and my daughter has got legal aid
2 questions court has apparently sent the court directions to her ex partner solicitor and not her solicitor which I find extremely strange and wrong it puts her ex great advantage to her and seems unfair
her solicitor has told her that she has asked the other side for the directions
they are being underhanded and extremely difficult to deal with
I always believed that the court sends directions to both sides not just the applicant
I believe my daughters solicitor is unhelpful to my daughter and is this because my daughter gets legal aid and her solicitor does not seem to have much time for my daughter she is continually chasing her solicitor this is causing my daughter great stress can anyone enlighten me please

[TizerorFizz]

It’s the court bundle that’s needed. However this might be as late as 3 days before the hearing. The legal aid solicitor should prepare DDs in line with requirements. Are barristers involved? Who is representing DD in court?

[Freshwaterlilly]

Hi
i think i didnt explain properly
court case has been done (2nd hearing)
the judge gave directions that both parties provide statements and other things
this is to decide if a fact finding hearing is necessary as there is domestic abuse
and my grandson’s disability
my daughters ex partner has already got the directions sent to him by the court
(which was now almost 2 weeks ago)
my daughters solicitor has told my daughter that she has asked the other side for a copy of the directions and obviously they are no playing ball
i believe that both sides should have been sent a copy of the judges directions
and her solicitor frankly is not doing her job
all I am asking is do both sides get a copy of the judge’s directions through their respective solicitors?

[TizerorFizz]

Can she not ask the Clerk to the Court or the legal adviser supporting the court for the Directions? It should be available to both parties.

[Collaborate]

The court will send the order out to both parties. If the court has not sent one out to your daughter's side then the possibilities are:

1. No acknowledgment form has been filed, so they don't have the solicitor as the address for service.
2. If above, they would still have sent it to your daughter at the address given for her in the C100 application. Has she moved away from there?
3. Error of the court.

[Freshwaterlilly]

Thank you for your replies the solicitor my daughter has seems very uninterested in my daughter’s situation and doesn’t get back to my daughter or seem to want to help really
she gives the impression she can’t be bothered
she told my daughter that she has asked the other side for the directions and they have not provided them I think this is a untrue
I have absolutely no doubt she has had these directions but couldn’t be bothered to send them to my daughter until we have kicked up a fuss
surely this shouldn’t be this way I thought the solicitor was supposed to help my daughter not hinder
sadly my daughter has been very unlucky with this solicitor and she knows as she is getting legal aid she can’t change her solicitor this is very concerning as this is my grandson wellbeing here and I don’t know how I can help my daughter

[blondeboffin]

I would ask the solicitor to chase it from the court but failing that, your daughter could contact the court office directly to see if a further copy of the order could be sent out. She should explain she hasn't seen it and that she needs to have sight of it.

Also, I believe she could change solicitors if she wanted - she would just need to get the legal aid certificate transferred which can be a bit of a faff.

Lots of solicitors - not just legal aid ones - are really, really busy and sometimes all it takes is a little (polite!) pushing by the client to get things done. I think your daughter would feel better if she had a copy of the court order because then she could chase the solicitor when dates for statements etc are coming up.

Good luck x