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I had cause to go back to court after a mediated agreement made through the county court for shared access to My Dog was constantly being broken by my Ex, at a directions hearing held she confirmed she was not prepared to share and the judge there said that time would be set for a hearing to discuss ownership of the dog.
On going to court a different Judge heard the matter but very strangely decide to make a court order which was somewhat unfair but at least it was a court order directing that my ex had to make my dog available to me one weekend a month, the dog being collected by a neighbour to avoid the need for me and her to meet.
On the first weekend the handover was due, my ex was not there nor had she as the court directed told the neighbour that there was an issue and she would not be there. I spoke to a legal helpline and they said that the court would be unlikely to do much for a first breach, particularly as though the order had been made the week before we had not had this in writing and she would likely claim she forgot the details.
When the handover came due a month later, by which time we had all the details of the order in writing again she was not there to handover the dog and to rub salt in the wound for me just an hour later came walking past my house with the dog.
I wrote to the court to advise that there had been 2 deliberate breaches of the said order and have for several weeks been chasing to find out what is happening, the court telling me that I had to wait for a judge to respond, when I asked if the same Judge was dealing I was told no he had retired now.
Today I get a letter from the court which to me seems very bizarre, it states that the Judge who had supposedly retired had said I should go and legal advice from a solicitor!
Surely a Judge cannot insist I have to pay for legal advice to progress a breach of a court order? After all a breach of a court order I am told is a serious matter deemed to be contempt of court which is I believe a criminal offence.
I cannot afford to keep paying out for solicitors I have already had to pay over £800 taking the matter to court thus far and at the last hearing the judge refused my request for my ex to pay these costs as it was only her that was defying all agreements and arrangements made by the courts already.
This seems a shocking response by the courts and inparticular this Judge, beside contesting the breaches of the court order how and to who would I make a complaint about this Judge and the handling by this particular court? Is there an ombudsman or court complaints scheme I need to follow?
TIA
On going to court a different Judge heard the matter but very strangely decide to make a court order which was somewhat unfair but at least it was a court order directing that my ex had to make my dog available to me one weekend a month, the dog being collected by a neighbour to avoid the need for me and her to meet.
On the first weekend the handover was due, my ex was not there nor had she as the court directed told the neighbour that there was an issue and she would not be there. I spoke to a legal helpline and they said that the court would be unlikely to do much for a first breach, particularly as though the order had been made the week before we had not had this in writing and she would likely claim she forgot the details.
When the handover came due a month later, by which time we had all the details of the order in writing again she was not there to handover the dog and to rub salt in the wound for me just an hour later came walking past my house with the dog.
I wrote to the court to advise that there had been 2 deliberate breaches of the said order and have for several weeks been chasing to find out what is happening, the court telling me that I had to wait for a judge to respond, when I asked if the same Judge was dealing I was told no he had retired now.
Today I get a letter from the court which to me seems very bizarre, it states that the Judge who had supposedly retired had said I should go and legal advice from a solicitor!
Surely a Judge cannot insist I have to pay for legal advice to progress a breach of a court order? After all a breach of a court order I am told is a serious matter deemed to be contempt of court which is I believe a criminal offence.
I cannot afford to keep paying out for solicitors I have already had to pay over £800 taking the matter to court thus far and at the last hearing the judge refused my request for my ex to pay these costs as it was only her that was defying all agreements and arrangements made by the courts already.
This seems a shocking response by the courts and inparticular this Judge, beside contesting the breaches of the court order how and to who would I make a complaint about this Judge and the handling by this particular court? Is there an ombudsman or court complaints scheme I need to follow?
TIA
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