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It has been some time since I last put a post on here asking for some advise.
On the 09 August my case was listed at a county court. Weeks leading up to the case was due to be heard myself and my daughters mum was talking about mediation.
On the 9 August I asked my solicitor to enquire about mediation with ex partners solicitor before the judge heard the case. I had also shown my solicitor a letter detailing my ex partners address as this was an issue. He did not do ask for mediation instead asked her solicitor for the address of my ex partner.
Whist waiting to enter the court room, I had raised a few concerns about a CAFCASS section seven report. I pointed out about 15 errors on this report (I will not go into full detail on here). I own my Property CAFCASS has put down I have my own tenancy. It fails to state the type of tenancy and property my ex is living in.
The application in court is for residency of our daughter. The CAFCASS report was focus on my daughter potentially having overnight stays with me and other contact issued that may arise.
I have epilepsy and my ex partner has depression. I have provide two letters from doctors confirming my epilepsy does not poss any risk to my daughter. My partner has not presented any medical letters regarding her depression but CAFCASS have clearly stated, This indicates MS B mental health is currently stable and she is coping well. Then further in the report Ms B health has improved significantly and should alleviate concerns about the condition.
They play on the letters from the doctors a lot in the report. And I feel they have belittle the difference in favour of my ex.
I also provided to my solicitor a copy of a letter from the Out of Hours Social Services after I complained how they handled the day I took my daughter to hospital. Out of the 5 areas of complaint 4 were supported.
1. That the Social worker did not take the time to discuss my concerns about my daughters condition on the day I took her to hospital.
2. That the soical worker had insensitive and inappropriate conversations with my daughter mother.
3. That the soical worker caused the premature ending of my contact on this day in April.
4. That the Soicial Worker was prejudiced against me and favoured my daughters mother in her actions.
He has refused to use this letter in court.
I advised CAFCASS about the condition of my daughter, her shoes being too small, bad cuts the lenth of her arm, leg and down her lower back. Bruises on her chin, head and torso. I told CAFCASS that my daughter was left unattended and fell down some concrete steps whilst in her mothers care. Only to be told Im looking to much into these.
During the court case, my solicitor informed the judge, he was happy with the report, that I wish to continue with my application for resednecy and CAFCASS would not be required at the hearing.
The judge was like me baffled. In the report it is recommened that my daughter stays with her mum. If that is the case then I have no case if he was happy with the report.
I personally feel CAFCASS have been bias towards myself in this case because my ex is a social worker. I have complained to CAFCASS but feel little will change.
I have also loged a formal complaint about my solicitor. I feel I do not have his trust.
My question is I have to see the senior partner and I want to change to a new firm. I have a bill about £6K and he has done very little for me. How can I get this removed and alow to change.
Any comments on above would also be helpful. Would the letter from about the out of hours Soical worker be helpful in my case if listed in court.
Regards.
Hi,
My understanding of the work of a solicitor is that they work to your instructions - they can advise that what you are instructing them to do isn't in your best interests if they feel that way, but ultimately if you tell them to do something, they either do it, or they can refuse to act for you. Your solicitor should have a complaints procedure, and the fact that you are seeing the senior partner suggests that you are following that so far. If you get no success, then this link may be helpful:
Hi Flybe1971,
ACTD is correct about the complaints proceedure and it appears that you're following the right course of action. I had similar feelings about my solicitor after giving her my initial instructions. I didn't feel she was committed to my case. My ex had also become pregnant, which put a huge delay on court proceedings. I have to say that, as the months spent waiting for a court date went by, my relationship with my solicitor improved. This was largely down to the fact that over this period my solicitor began to notice the contradictory behaviour of my ex, which seemed to give her more confidence in me and, consequently, my case.
You mention a letter of complaint that you made to social services, of which four areas of your grievance were supported. What point did they not support? It seems to me that the letter you received in response to your complaint is key to demonstrating that social services have treated your concerns with a lack of objectivity and fairness. I also cannot see how CAFCASS are qualified to make judgements about the state of your ex's mental health without a medical report or doctors letter to substantiate it. I share your concerns that a CAFCASS report should have 15 inacuracies in it and also that your solicitor has not queried them, but without further information I am unable to offer suggestions to whether these will be of any consequence to the court.
It seems to me that your solicitor needs to explain his/her overall strategy for supporting your case in the court. I hope things go well with your meeting with the senior partner and that matters improve as a result.
I'll add one more point - the first Cafcass report that I had (about 60 pages) had some inaccuracies - I pointed these out to my solicitor but he felt that correcting them wouldn't materially alter my case, so we left them as they were. It may be that your solicitor felt the same way, depending on the severity of the errors, BUT, in my opinion, he should have discussed this with you and got your agreement to disregard them.
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