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SA Ex Moved with Child and Lawyer Didn't File for Injuction

Discussion in 'Family Law Forum' started by Mnaz, 15 February 2016.

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  1. Mnaz

    Mnaz Member

    15 February 2016
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    In December, my ex told me she was going to move with my child and halve my time with them. I immediately went to my lawyer who sent her lawyer a letter officially objecting to the move, also stating that they were instructed to immediately file for an injunction (I was not given a copy of the letter to approve and only, after being abused by my ex, knew that a letter had been sent).

    I had to go to the office to request that I be given a copy. I received a copy of my ex's response promptly but have only recently found out that another letter had been sent replying to that by my lawyer (of which I still don't have a copy of ). No injunction was filed. My ex then moved without telling me in January (I found out after the child support agency rang me wanting money).

    Again, I rang my lawyer immediately and told him to file for an immediate recovery order and to ask my ex's lawyer for at least an address of my child. A week later, I called wanting to know if he had heard from her lawyer and he told me that he hadn't.

    Last week, I find out he did receive a reply. 3 weeks later, I called and asked him where we were at and he still hadn't prepared or filed any paperwork saying "this is the process". After telling him how angry I was, he started filing it two days later.

    This is now another week later and I have received no other communication from him and I feel my chances are now decimated with my daughter having been moved away for so long and now starting school and I still don't have a court date. All of this could have possibly been avoided had he filed for an injunction in the beginning.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    If you have a compliant to make about a lawyer, the best first step is to bring up your concerns with your lawyer. There may be a perfectly good explanation for why they did not take the action you believe they should have. If you are dissatisfied with the result, you can make a complaint to your state Legal Services Commissioner or similar.
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Go speak to another solicitor ASAP. Based on what you've written, your solicitor is useless. So go find another one.

    How far has the ex moved and when did you last see your kid? I would also be asking him how he is going to rectify his stuff up...

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