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Issues caused by case being heard by different Judges

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  • Issues caused by case being heard by different Judges

    What can be done about a Judge that seems not to be following on in the directions from a previous hearing?
    Scenario, in the county court given the break down of a previous agreed mediated arrangement from the same court to share contact and time with a dog given to myself by my daughter from a previous relationship.
    A directions hearing was held in September and as my Ex Wife stated that despite reiteration to her of the order in a magistrates hearing she was NOT prepared to share in any way, even using as agreed alternate contacts from the magistrates hearing, at the directions hearing the Judge there stated the hearing was merely to decide the ownership of my dog.
    At a hearing on Friday a different heard the issue, he clearly hadn't read any of the paperwork submitted, some of which from my Ex was highly contentious and totally unsupported and dare I say slanderous claims instead we went into a 3 hour hearing where my Ex blocked any potential options for this to work, refusing all possible intermediaries, after 3 hours the judge postponed the hearing and has ordered us to come back in 2 weeks with statements and witnesses who are able and willing to act as intermediaries.
    I feel I will spend the next 10+ years going back to court for her breaches.
    How do I address this issue? All advice gratefully received.
    Tags: None

  • #2
    Is this solely about where the dog lives and who has what contact with it? Presumably it lives with your ex-wife and there was a mediation agreement endorsed by the court which gave you certain access / contact , and she has breached that agreement by not allowing you to have contact.

    You went back to court to enforce the order and your ex wife is saying she refuses to abide by the previous agreement,s
    he's filed a bunch of reasons why it's not good for her or for the dog to have contact presumably?
    therefore the court is looking at making a new agreement.

    What are the intermediaries for ? to help with picking up/dropping off the dog?

    What was the magistrates court bit about ? ( or was it family court just sitting in the Mag court building ? )









    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Originally posted by Amethyst View Post
      Is this solely about where the dog lives and who has what contact with it? Presumably it lives with your ex-wife and there was a mediation agreement endorsed by the court which gave you certain access / contact , and she has breached that agreement by not allowing you to have contact.

      You went back to court to enforce the order and your ex wife is saying she refuses to abide by the previous agreement,s
      he's filed a bunch of reasons why it's not good for her or for the dog to have contact presumably?
      therefore the court is looking at making a new agreement.

      What are the intermediaries for ? to help with picking up/dropping off the dog?

      What was the magistrates court bit about ? ( or was it family court just sitting in the Mag court building ? )








      The actual issue my Ex has is with seeing me, she has on many occasions tried to say I am harassing her and indeed we went to the Magistrates court when I was charged with this, however I was not disclosed all the evidence but despite this the court found my guilty of harassment without violence, it was they that said as I was to not contact her or drive into her housing estate that she should name intermediaries which she did.
      I never had contact from the intermediaries to reinstate the contact with my dog, Given much of the evidence given in that court case was false and did not stand up to scrutiny, I filed an appeal with the crown court. during this period I was subject to lots of harassment and threats from a friend of hers, one of whom had given evidence to the magistrates court by way of statement. in the 10 days running up to the Crown Court hearing he took to using a high powered air rifle to shoot at my car to damage it the 2 days before actually shot at my bedroom window and when I went to look what had happened he took 2 further shots at me. Luckily these didn't go through the inner pane of double glazing.
      When we went to the crown court as the evidence I now provided included 3 statements which totally discredited his evidence as well as other evidence discredited the claim of harassment the CPS barrister asked my barrister if I was prepared to agree not to contact her directly nor drive in to her estate they would drop the case and as I had no desire to do either I said providing she upheld the agreement to get the intermediaries to start the contact with my dog I would agree to this to save a long drawn out case in court.
      This was put to the Judge who thanked me for agreeing to do this and save the court unnecessary wasted time.
      Needless to say no contact was done so I had to pay to return to the court that made the order and at the directions hearing the Judge then asked was she prepared to start the contact, she said no so judge stated we had to return to have a hearing about the ownership issue, my case for this is both that she was given to me as a gift as my daughter gave evidence to the court to support and also in law a dog is considered a Chattel and as such should not be removed from the family home.
      The problem is the judge that heard the case totally ignored any of this and started a 3 hour bartering case to sort out the sharing which my Ex just blocked over and over till after 3 hours he ordered we come back to court in 2 weeks time.

      Comment


      • #4
        Ahhhh yes I remember now. Sorry I hadn't looked up the previous threads.

        Do you have anyone to act as intermediary that would satisfy your ex wife? ( is daughter around to do this maybe ?)

        Do you actually want the dog to live with you instead of with your ex-wife ? or just contact ?

        http://www.doglaw.co.uk/ownership-custody-disputes/ for ref though I'm not sure that this is right
        The Court does not have the power to order access to a dog.
        it does give some bits to consider over the ownership issue. ( Could it have been a gift to your household rather than just to you etc )
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Originally posted by Amethyst View Post
          Ahhhh yes I remember now. Sorry I hadn't looked up the previous threads.

          Do you have anyone to act as intermediary that would satisfy your ex wife? ( is daughter around to do this maybe ?)

          Do you actually want the dog to live with you instead of with your ex-wife ? or just contact ?

          http://www.doglaw.co.uk/ownership-custody-disputes/ for ref though I'm not sure that this is right it does give some bits to consider over the ownership issue. ( Could it have been a gift to your household rather than just to you etc )
          I have given a number of people all that she refuses including her own son, neighbours one of whom she claims to be friends with.
          My daughter lives too far away to do the physical handovers regularly but has offered to be the communication intermediary.
          I have given the court the emails from 4 years ago where my Daughter asked me to consider having one of the pups, she also came to court to give testimony that this was her intention. She acknowledges that at the time she appreciated I was in a loving relationship all of which strengthened her belief we could easily look after the pup well, she let 8 of the 9 pups all go to people she knows keeping one herself, she confirmed to court she still has contact with all the pups but Lulah and that despite my ex's claims to the contrary, both her and her son defriended her on Facebook and thus all contact.
          Given her continued refusal to comply with the court agreements and blocking of all possible options to continue with contact I have asked the court to revert to the point of ownership, namely that the Dog is a gift specifically given to me and that in law she should not have been removed from the marital home without agreement.

          Comment


          • #6
            Hi Amethyst sort of missed answering 2 of your questions.
            Initially I would have been happy to just ensure we could share ownership of the dog and this is quite clearly stated in the mediated agreement, however given she keeps breaking that agreement which I believe is considered a contract then I think she should be returned to myself given my Daughter confirming on Oath that her original intent was for her to be a gift to myself.
            Also if as you say the court has no authority to order access to a dog then surely it should have not gone down the mediation route in the first instance and then as I have proved by a recorded phone call my Ex could not keep using her to provoke reactions and cause me unnecessary involvement with the Police and courts and further surely the Judge at this hearing should not have changed it into trying to re broker a deal using intermediaries for contact to resume.
            Therefore what would you suggest as being the best way to address these issues?
            TIA

            Comment

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