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Vacate a final hearing??

  • khan72
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21 Jun 12 #338256 by khan72
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Hi,

Prior to the 3rd Directions hearing. Ex''s barrister asked me if i wanted to do mediation and that we should get rid of the final hearing. As contact is progressing (be it at ex''s dictation and pace).
I asked ex for mediation before divorce - she refused. Asked twice during, she refused citing "domestic violence and paedo risk".
I reminded her counsel of the two times i asked for mediation and that now we had a hearing that mediation would be fruitless unless she drops allegations.
He then tried to bully me saying that i was going to put everyone to such expense just so that i can have my day in court. Blah. I reminded him that I have made zero allegations and that his client adds allegations every single time we are at court. Hence there is intractable nature. I reminded him that he was on the back foot. I find it amazing that ex brought a barrister and solicitor to court. Even though i was litigant in person.

Why on earth would she bring a barrister AND a solicitor versus me? Something is afoot that i may be missing here? It doesnt feel right and it doesnt smelll right.

I tried putting a recital on the new order that all allegations and welfare issues would be dealt with in the hearing listed. Her sol removed it. Why?

Her Barrister asked the judge to vacate. The judge refused. Why did the barri ask and why did the judge refuse?

...its like a game of chess. :(

There is something i am not seeing and its keeping me awake at night.

  • hawaythelads
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22 Jun 12 #338269 by hawaythelads
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Your not missing anything her solicitor and barrister are working on her behalf not yours.
She has obviously put up every hurdle and obstruction possible to block your contact with the kids.
However you have gone to court that way the resolution to a dispute in on a timescale.Her objective is to delay and obstruct for as long a period of time as possible.
Therefore if she derails this court process by offering mediations at the 11th hour she halts this mechanism this time.
She''d go to mediation string out arranging it then you get embroiled in when we are going bingo she pulls the old joker of he''s threatening again I can''t go to mediation after another 3 to 6 months she has achieved her goal of stopping your contact.You then have to go back and make another application to recontinue with court that''s another 3 months delay.Bingo by the time you know it you''re another year down the road on blocked or limited contact.
Feck the barrister Feck her it''s not in your interest to halt the wheels that are now turning.It ain''t gonna cost you nothing to go to court for the final hearing her legal fees are her problem and it will be the most expedient way for you to reach a resolution good or bad.
All the best
Pete

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22 Jun 12 #338270 by hawaythelads
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Khan

So the barrister has asked the judge to cancel the final hearing because that''s where the matter will be resolved.THE JUDGE HAS SAID NO!!This will go forward.
So having had a knock back from the Judge on their delaying tactics there only option is to collar you to voluntarily not go to final hearing by agreeing to stop the process and go to mediation.
That''s why the barrister has tried to collar you afterwards.
So Mr big shot barrister has just been told "No bollocks will you delay this any further" by the Judge.
Then his last desperate shot is we couldn''t force that through so we''ll try and get it voluntarily"Then you''ve said on your bike mate I ain''t delaying it that ship was offered twice by me it''s sailed mate"
So hot shot barrister now looks a complete twxt in front of his client,That''s why he threw his rattle out of his pram and started throwing the old you''re being unreasonable do you know how much this will cost line.
You just won that argument hands down and you''re having sleepless nights worrying about it.The only angle you are missing is with the Judges backing you just kicked that barristers rse on his delaying tactics.
Your ex misus is not gonna be a happy bunny.
The solicitor and barrister were meant to stop all this going forward and obstruct your contact further.
They failed miserably
That was a NO from the judge.
That was a NO from you.
She thought I''ll throw some money at this and they''ll be able to stop it.
She forgot whenever I''ve been in a court the only person with any real clout is the Judge.
Barristers can ask,but they don''t always get!!

Now get some kip.
Because remember.
I''m always right.
All the best
HRH x

I should be a lawyer I''m a genius me.

  • khan72
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22 Jun 12 #338284 by khan72
Reply from khan72
Thanks guys.

Can anyone tell me what other tactics could be employed so that i am made aware of them?

the judge say that the counsel could ask again for the november hearing to be vacated in september. I do not know what tricks will be used.

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