QLD Communication issues with solicitor

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mchiz91

Active Member
16 June 2018
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31
My ex-husband's solicitor emailed through a proposed change to our current orders as my ex is now relocating back to where our child lives. They had requested a response by 4pm yesterday, which has been and gone with no response from my solicitor. I had emailed and called throughout the week to see if anything had been started as I had not heard from my solicitor aside from a phone call to say they had no appointments this week after I asked for advice regarding visitation this weekend (also not had a response about).

I have had a bad experience with my first solicitor who missed deadlines and did not communicate which almost caused our consent order application to be cancelled by the courts originally so I am unsure if I am just overreacting because of this or if there is an actual issue.

Will this reflect badly on me it to goes to court and my solicitor was the one who had not responded? Should I be looking for a different solicitor?
 

Rosscoe

Well-Known Member
21 October 2020
68
4
199
Do your orders mention anything about them (the orders) changing if OP moves back closer to where you are? What has OP requested?

Orders cannot just be changed on demand, unless there are specific provisions such as "living with" and "spend time" clauses changing when OP moves closer to child. You would have to agree to any changes if there are no such clauses.

I don't believe it will have an impact on you right now, but you will have to respond at some stage. If you have a belief that your solicitor is being lousy, and given how expensive they are you should absolutely change.
 

Atticus

Well-Known Member
6 February 2019
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Will this reflect badly on me it to goes to court and my solicitor was the one who had not responded?
Sounds like this is just a preliminary email seeking a response ... Long way to go before this ends up in court if ever. If you have current orders, it would be an application to vary... not easy to get.

If you think changes to the current order are warranted, then instruct your lawyer (or DIY) to call an accredited mediator to look at the proposal & possibly varying the order by consent.
 

sammy01

Well-Known Member
27 September 2015
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I would not waste $ on a solicitor. I'd write back and explain that you're either not prepared to enter into any new consent orders OR
that you you are prepared to enter into new consent orders and stipulate your terms and conditions. BE REASONABLE.
 

mchiz91

Active Member
16 June 2018
5
0
31
There is a clause in our current orders that state they are to be reviewed if either party moves. I'm not overly concerned at this stage as I haven't been provided with any details of him actually moving - it's still all talk at this stage.

I just didn't want it to look like I'm ignoring his requests if/when this goes to court (good chance it eventually will) and it to then reflect badly on me. I'll wait this week out to see what happens and if I have any contact from my solicitor otherwise I'll start looking for a new one.
 

Atticus

Well-Known Member
6 February 2019
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Ignoring an initial email is of no consequence... Though It will mean that he now needs to either write again or move straight to mediation... probably a bit of an unneccesary slap in the face .... If you continue to ignore then there can be consequences at court level, specially as you have a clause to review ..

Much less expensive for you both if you can arrange mediation yourselves rather than communicate via lawyers & have them do mediation.
 

sammy01

Well-Known Member
27 September 2015
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654
2,894
You wrote " if/when this goes to court (good chance it eventually will)"
so why not ask the nice folk here there thoughts. Avoiding court is a good idea.

so if this is a bloke who moved away to do a 3-5 year stretch at woodford correctional centre and now wants 50/50 care... Then fight it in court. But if dad is kinda reasonable (and you're not the best judge of that one - c'mon, lets be honest he's your ex, that clouds judgement) then be reasonable back...

That said the 4pm deadline is kinda rude...

So what is it that dad is asking for if he moved back to your location?