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Advice is needed. I cannot understand why the solicitor on the other side will want to take the time and expense to rewrite the parenting plan into orders ? Or is this just petty games?

My husband has just recieved an email from the other side's solicitor saying that he has to rewrite the draft to prepare it for court.

Now the ex has had this draft my husband proposed after seeking legal advice and was 'corrected' in terms of wording and so, for over two weeks. The solicitor has had it for over a week. Now he says he is going to take longer than the 7 days in which my husband requested because he needs to make significant changes to the wording to prepare it for court approval.

these are consent orders that are being proposed, they have been checked over by a FL solicitor and now the other side says they want to re-write it, then run it by the ex for approval.

Considering the situation is, My husband got in contact with the solicitor first, forwardedhis draft asking for the exes proposed draft based on initital draft. Does this mean he awaits his draft proposal to have a complete overhaul? (Solicitor has reassured my husband that the principle of the orders wont change).

What is his stance on asserting the wording of his draft, given that he HAS has a solicitor look over it. I thought consent orders were to designed to fit individual circumstances, a little less formal than Final orders. So I cannot understand why the solicitor will want to take the time and expense to rewrite it? Or is this just petty games?

Sorry, even some guidence as to how I can find out more about SLR and dealing with Solicitors.

Thanks, Fiorelli
Fiorelli said
Considering the situation is, My husband got in contact with the solicitor first, forwardedhis draft asking for the exes proposed draft based on initital draft. Does this mean he awaits his draft proposal to have a complete overhaul? (Solicitor has reassured my husband that the principle of the orders wont change).
A comma in the wrong place or an incorrectly numbered sub paragraph can change the intent of a particular order. In the event of a later dispute a Court will interpret the actual wording not the principle.
Fiorelli said
I thought consent orders were to designed to fit individual circumstances, a little less formal than Final orders. So I cannot understand why the solicitor will want to take the time and expense to rewrite it? Or is this just petty games?
Consent orders should be as well written as 'formal' orders made by the Court. Parenting Plans are informal documents. There are many correct ways to write orders - and many traps in badly written orders.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
SRL-Resources said
Fiorelli said
Considering the situation is, My husband got in contact with the solicitor first, forwardedhis draft asking for the exes proposed draft based on initital draft. Does this mean he awaits his draft proposal to have a complete overhaul? (Solicitor has reassured my husband that the principle of the orders wont change).
  A comma in the wrong place or an incorrectly numbered sub paragraph can change the intent of a particular order. In the event of a later dispute a Court will interpret the actual wording not the principle.

So in theory he could rearrange the orders to have an altered meaning?

My husband is very particular with certain 'principles' and the way its worded based on his previous dealings with the ex manipulating issues to suit her.
Please explore the link for a complete understanding of what consent orders are. The CSA are using this link as an 'authoritative work'

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Thanks for that link, I had previously read it, and although very clear in the legal affect consent orders have over parenting plans, my concern is rather that the "rewriting of the draft" may impact the actual intended meaning of the order.  If that makes sense.

I have seen copies of example consent orders, and thought it to be in some places more vague than my husbands draft, depending or course that on what the parents would like to stipulate difinitavely or not.
With the other side's solicitor re writing then yes you will need to review it before agreeing to it. Every line and every sentence will need careful scrutiny, by you, when it comes back. Nothing is ever as simple as they say when it comes to these 're writes'. Also if the other side's solicitor doesn't re write it all how will they generate any significant billings and thus some revenue. Of course they will be acting in their clients best interests and ensuring a proper and appropriate set of consent orders is finalised.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
My husband was told by the mother that she has a copy of the draft now for her to view and approve.

The mother also told my husband that she will show him the draft this weekend. not give him a copy, just 'show' it too him.

So far all the dealings have been with her solicitor. He has advised my husband that the mother will view the draft, approve it or what ever, and then he will forward it to my husband.

I have a few alarm bells going off about being 'shown' the draft prior to the solicitor sending it to us. I would feel much more comfortable waiting for her to approve it first and having the solicitor forward it or fear of agreeing/disagreeing etc.

But it could just be me, wanting to stick to the straight and narrow with this. Im not sure if whether this sort of thing between parties is common. And it seems that the only time the draft can be mentioned between my husband and the mother is when the mother brings the subject up, otherwise she just tells him that he has to talk to her solicitor.

Am I on track here?
This is a contract so DO NOT SIGN unless you agree 100%.

Last edit: by OneRingRules

Not commenting on the legal aspects but I suggest as a practical measure that if the ex always insists contact goes through her solicitor, your husband could also insist that he only deals with the issue through her solicitor. Certainly ought to take out some of the angst.

Obviously you're smart enough to know to read the re-worded version extremely carefully!!! Little changes of words can mean big changes of obligations etc.

As someone dealing with the day to day realities of shared care I suggest you put all the stupid little details into the consent orders like I now wish were in the ones that affect me. Like, who takes them to the dentist and how often is necessary - should they go 6 monthly or 12 monthly?? And who buys the school shoes? That sort of thing. If you're going to share expenses I strongly recommend that instead of committing to "go halves" in anything you divide the TYPES of expenses (eg. M pays the cricket fees and F pays the school fees) in some way. Allocate yourself the expenses that you have strong feelings about - if you really want to ensure they are in "good" school shoes, then make buying the school shoes one of "your" expenses.

Try to leave things so there is nothing left to argue about. I know it sounds petty but when you're dealing with someone who has lost touch with reasonableness, a good court order that sets out everything will be a big big help.
If the Solicitors were taken out of Children's Issues, we would have much  better outcomes for all concerned, including the children.

It is the business and self interest of solicitors to cause conflict in children's issues so that it keeps them in work.   It really is deadly business as we have all seen in recent months, often resulting in tragedy.

Take the solicitors out of family law.

Use a Family Relationship Centre and save your house.

Applicant/respondant?

We just received the other sides draft (approved by the mother).

 Since it looks like we are quite happy with the draft (subject to running it by our soli shortly), The other sides Solicitor has asked my husband to fill out the Consent order application forms and forward it to him, and has told him to get the forms off the FLC website.  The current order draft has my husband down as the respondant and the mother as the applicant.

Can my husband fill out the forms as the APPLICANT and file the mother as the respondant, along with the current draft, or is the other solicitor wanting to file the consent orders himself for extra $$?

I guess what I am trying to say is, does it matter who the applicant is? OR more simply,

Now that my husband has the draft, and subject to running it by his solicitor, how does he go about lodging the application for consent orders. Sorry if I am sounding confused, I guess having an order draft saying the mother is the applicant yet her solicitor is asking my husband to forward the application to him, I am trying to work out Who is who?
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