[Solved] Urgent - specific issue order

Hi

SInce you have a solicitor, the CLC can't advise you, otherwise I would recommend you contact them. You can apply for the order, but in the timescale you have, I'm not sure that you'd get it done in time - your solicitor is best placed to advice you on this.

However, if you do manage to get the order through in time, the reality is that if you ex refuses to let your daughter come at the last minute, then there is absolutely nothing you can do to enforce it, your only recourse would be to have the court take action after the event - it would be contempt of court, but wouldn't solve the problem really - and would cost you in legal fees.

I'm afraid that your most realistic chance of success is to negotiate with your ex to see if there is any way you can come to some understanding in the short term. However, you need to look at mediation and if unsuccessful, then court to ensure that, whatever happens, you have regular contact with your daughter.

just a quick update. I no longer have a solicitor representing me. I have filed my papers and have a date set for the 20th January. with my papers i passed over an older letter from her solicitors stating that this was agreed it could go ahead, so hopefully the judge will reason with that and allow it. As for her breaking the order (if i managed to get it) i dont think she would do that, i think she would be too worried about going back to courts but who knows. I will of course, update you with how it goes next week.

Excellent - nice quick work, and as you are representing yourself, the CLC will be able to give you advice now 🙂

Even without the letter, I can't see that any reasonable judge would not grant the order as it's an important event in your life, and also that of your daughter, so if your ex does comply, then it's all looking good.

Assuming the order is granted, you could consider asking a rhetorical question of the judge along the lines of 'what would happen if my ex didn't now allow my daughter to attend' - as you are representing yourself, it wouldn't be unreasonable for you to ask for clarification of something that your solicitor would normally advice. You already know the answer, but it has a lot more weight behind it if the judge makes it clear to your ex of the consequences of not complying with the order

Good luck 😀

hi actd - thanks for the encouragement. I would be grateful if the clc could advise me further as of my chances.
Fingers corssed hey 😉

Hopefully, one of the mods will pass this on, but otherwise, you could give them a call - there is a link at the top of the website.

ok - heres an update.

i was in court today representing myself and it was the first time id been. The main case was adjourned (due to cafcass not completing their checks in time). Her solicitor banged out a few lies and the legal advisors in court were telling the judge it would be difficult to provide an order without cafcass's checks.

BUT

after careful consideration, the judge granted me the order on the grounds that it was "necessary" and he even told my ex that she must bring my daughter to me on the morning of the wedding and collect her at 8pm (she would never ever do that - it would always be me who collected and returned my daughter). He also advised of the consequences of not sticking to the order and i think they really hit home with her "imprisonment, voluntary community work, heavy fines or compensation"

to say i was elated was an understatement as i felt i got that against all odds.

Im so happy - gonna venture out for a couple of pints.

An truly awesome result 😀