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order worded incorrectly

  • vanilla30
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  • Premium Member
21 Feb 17 #489118 by vanilla30
Topic started by vanilla30

My ex's barrister had incorrectly drafted the order in the ex's favour (giving him extra indirect contact than was ordered). I contacted her about this as well as the ex's solicitors and have received no response whatsoever, not even an acknowledgement.

I wrote to the court requesting the order be changed under the slip rule and they wrote back saying that I would have to apply for a variation of the order. That's £200+ which the ex knows I cannot afford. The court did say that my letter was on the file.

Is this normal practice from a barrister? I do not know whether she made the mistake or whether the ex mislead her (presumably the latter).

Thanks in advance

  • AtoZed
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21 Feb 17 #489143 by AtoZed
Reply from AtoZed
I can only speak from experience of my own case, but where my ex's barrister drafted the order rather than mine, he was certainly "sneaky" about using very specific wording to tweak the order in ways that the judge did not rule, including increasing his contact and indirectly requiring me to get his consent for even short holidays with my child (and I've been named as RP!).
So I don't know if it's common, but it's happened to me, and unless you have counsel who are sharp enough to notice it seems they can get away with it.

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