Court Order Doesn't Reflect Agreement

[JNLDN]

Hello,

We had a hearing this week, the main topics were our child's nursery arrangements and me getting overnight stays. Ex has raised issues with my alcohol use, I had/have issues with the nursery due to the religious undertones.

We got sent out at then end to see if we could reach and agreement, I offered up a promise to the court and ongoing testing in exchange for the nursery and a commitment to overnight stays by Xmas. My barrister suggested this.

When I received the "draft" order all my commitments are detailed and iron-clad, the part relating to overnight stays just says that we will go back to mediation and attempt to move things forward!! There's absolutely nothing binding at all on her side.

I raised this with my barrister and he said that it was read out in court so it's final, and that I didn't raise any of this with him at the hearing (I did I told him I didn't trust her to stick to the agreement). The legal representative that read out the order was very difficult to understand and it wasn't made clear to me there would be no additions to the order.

I am extremely unhappy and have told my barrister that I'm willing to make a complaint to the court that I couldn't understand the legal advisor, that that the agreement does not reflect the verbal agreement made and my barrister didn't tell me that the reading was the final version.

Has this happened to anyone else, do I have any recourse?

Thanks.

 

[Ash]

That is very disappointing if your own barrister didn't make it clear ex's agreements weren't binding - and he wrote up your order presumably?

Presumably this is a first hearing? If so, however disappointing it is, it looks like you don't have progression to overnights ordered yet and they want you to keep trying to agree. Are you seeing your child at all? When is the next hearing and is it a final hearing?

I wouldn't use the same barrister again. He's supposed to be on your side! It shouldn't matter if you didn't understand the legal adviser, your barrister should have made everything crystal clear to you.

 

[JNLDN]

No it was her barrister who wrote up the order because she lodged the c100 and I lodged a c2.

The case is currently adjourned, I can lodge a c2 and have it immediately brought back to court if mediation doesn’t work, but there’s no stipulation on what that means. I know what’s going to happen, she will come up with reasons why he can’t stay with me and I will need to lodge a c2 so it’s a complete waste of time. What’s the point of making an agreement if the court doesn’t have time to include all the details.

I’m contemplating raising a complaint to the court but I’ve already raised one re having no magistrates at the previous hearing and the response was a joke.

 

[Ash]

That makes sense if her barrister wrote the order - nasty trick. But your barrister should be backing you up and confirm that overnight progression was agreed in court and agreements were made on the basis of this being part of the interim order.

Was mediation mentioned at all? It would be hard to challenge the wording of the order via the courts, if your Barrister doesn't back you up and raise this issue on your behalf. And if they don't - don't use him again.

 

[JNLDN]

That's my thought process too.

Mediation is part of the order, but it's so vague as to be meaningless and without any teeth. Obviously if it was that easy we wouldn't be in court. I know my ex and I reckon she has no intention of giving me overnights without a court order. The point of having the order stating overnights should be given in exchange for my testing and undertakings is that she would then be in breach so the next hearing they would hopefully order overnight stays. If she refuses again it's a second breach etc.

Should be speaking to the barrister tonight. He says it's the "court's" order no hers or mine, but any changes still need to be negotiated with the other side. The fact is he made a mistake by not ensuring the wording and the factors of the agreement were in the order, not me. It's a shame because he's otherwise a good barrister, but this is unforgivable.

It's really hard to not feel despondent; I worked so hard to counter her false allegations of DA and all sorts, the court didn't buy any of her BS, no S7 was not ordered even though she tried and tried, so I was actually getting somewhere, only for this f-up to derail things. Silver lining is that I am seeing my son but she just wants the control and for now she has it.

 

[Ash]

I would say to him - if you remember these were negotiations and I agreed to xyz on the basis she agreed to xyz and her barrister has written the order in her favour. I would like to challenge this with the courts please.