Hello Dads,
I pretty much have my ducks in a row for my application to 'Vary a Child Arrangements Order'.
But have had some last minute input from a solicitor (free half hour) who suggested that I write a 'letter before action' to my Ex, suggesting the increase in overnights (Ex will never agree as it will affect her CMS) - rather than just going straight to a court application, which could be frowned upon.
This 'letter before action' would lay out what I want and make clear that if no response is forthcoming (she usually just ignores messages), that legal action could follow.
I already had the MIAM and asked the mediator to give me the certificate to proceed to court as my Ex and I tried mediation last time (in Sep 2022) and she immediately reneged on the agreement made in mediation and hired a solicitor instead.
This solicitor (that I just had the free consult with) seems 'on the level' as they felt I'd managed the case as an LIP (using a DAB barrister as and when needed) just fine so far and so probably didn't need a solicitor..
So what is the consensus on the DWK forum?
Is going straight to court without sending my Ex a 'letter before action' (explaining that I want overnights increased) going to make me look bad to the judge/s?
Does anyone have experience of Ex's dirty tricks when a 'letter before action' has been sent?
Am worried that as soon as she suspects a Court application is coming, she'll go on the offensive and pre-empt with the usual false allegations, Social Services involvement, etc, etc, she has claimed in the past.
I pretty much have my ducks in a row for my application to 'Vary a Child Arrangements Order'.
But have had some last minute input from a solicitor (free half hour) who suggested that I write a 'letter before action' to my Ex, suggesting the increase in overnights (Ex will never agree as it will affect her CMS) - rather than just going straight to a court application, which could be frowned upon.
This 'letter before action' would lay out what I want and make clear that if no response is forthcoming (she usually just ignores messages), that legal action could follow.
I already had the MIAM and asked the mediator to give me the certificate to proceed to court as my Ex and I tried mediation last time (in Sep 2022) and she immediately reneged on the agreement made in mediation and hired a solicitor instead.
This solicitor (that I just had the free consult with) seems 'on the level' as they felt I'd managed the case as an LIP (using a DAB barrister as and when needed) just fine so far and so probably didn't need a solicitor..
So what is the consensus on the DWK forum?
Is going straight to court without sending my Ex a 'letter before action' (explaining that I want overnights increased) going to make me look bad to the judge/s?
Does anyone have experience of Ex's dirty tricks when a 'letter before action' has been sent?
Am worried that as soon as she suspects a Court application is coming, she'll go on the offensive and pre-empt with the usual false allegations, Social Services involvement, etc, etc, she has claimed in the past.