The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

breach of order by ex's sol

  • kramark
  • kramark's Avatar Posted by
  • Senior Member
  • Senior Member
More
07 May 08 #21828 by kramark
Topic started by kramark
Does anybody know what to do if ex's solicitor openly breaches a court order?

The order stipulates my son's passport to be lodged to a named sol (who were my sol but then as the proceedings finished I stopped using them). The order says :
" Unless otherwise agreed between the parents in writing, XYZ (or such other firm as the father may nominate) shall hold Boy's passport and shall upon their joint instruction release it to them or either of them for the purpose of planned holidays abroad to Hague Convention countries in accordance with paragraphs 3 and 7 above."

But the ex's sol argues that as XYZ are not under my instructions they would not release it. My argument is that order is clear and says they do not have to be under instructions and simply nominated by me...

Any ideas on how to deal with this, please?

Thanks.

  • D L
  • D L's Avatar
  • User is blocked
  • User is blocked
More
08 May 08 #21838 by D L
Reply from D L
I have to say I am a little confused about this post. I dont understand why your ex's sol is involved in whether or not firm XYZ should or would release the passport - surely that should come from XYZ solicitors not ex's solicitors?

  • kramark
  • kramark's Avatar Posted by
  • Senior Member
  • Senior Member
More
08 May 08 #21885 by kramark
Reply from kramark
Sorry may be I was not clear enough.

XYZ were my sol who are supposed to hold the passport as per the order.

Ex went on holiday, collected the passport from XYZ via her sol. She came back gave the passport back to her sol and her sol is refusing to return the passport back to XYZ.

Their argument is that XYZ are not under my instructions so they will not return the passport to them. The order clear about this...XYZ does not have to be under my instructions (imagine the charges for next 12 yrs for even little correspondence!)

What should I do?

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
08 May 08 #21896 by attilladahun
Reply from attilladahun
Apply to the court for directions of the Court

  • kramark
  • kramark's Avatar Posted by
  • Senior Member
  • Senior Member
More
08 May 08 #21899 by kramark
Reply from kramark
I am tired of going to court after doing it for 5yrs now...

How long and how many hearing this might take? Just don't have any more energy anymore!

Can something/someone just force them to obey the order? What's the point of an order if people can get away with like that?

  • kramark
  • kramark's Avatar Posted by
  • Senior Member
  • Senior Member
More
08 May 08 #21904 by kramark
Reply from kramark
I am tired of going to court after doing it for 5yrs now...

How long and how many hearing this might take? Just don't have any more energy anymore!

Can something/someone just force them to obey the order? What's the point of an order if people can get away with like that?

  • familylawyer
  • familylawyer's Avatar
  • Junior Member
  • Junior Member
More
08 May 08 #21907 by familylawyer
Reply from familylawyer
I think your ex's solicitors are trying to establish whether XYZ are instructed by you to hold the passports. I know you have disinstructed XYZ generally, but it appears the intention of the order was that you would instruct either XYZ or another firm to hold the passports. If XYZ are happy to not be generally instructed by you but to just hold the passports under the terms of the order, then ask them to confirm that to your ex's sols. Or find another firm who will agree to hold the passports. I imagine either XYZ or another firm would charge a fee, but hopefully only a nominal one.

Your alternative is that you get your ex's solicitor to undertake that they will not release the passports to you without both yours and your ex's joint written permission and that will have the same effect.

In answer to your question whether someone can force your ex's solicitors to comply - that will be the court.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.