Justice For Families

Hi All

Can anyone tell me if we ask for a "No Order" (which it is at the moment). The final hearing for residence is Monday. If it is possible, do we need to write to the court first or put in an application.

My daughter is the Applicant.

I cannot go into detail here but if anyone would like to PM me it would be much appreciated.

Thanks in advance.

sueb

http://www.hartnellchanot.co.uk/just-da ... ciple.html

I see the law firm in the link has a good description of the "no order" principal that courts follow.

There is no application for "no order", but remember, there was an application presented to court for a reason, the applicant wanted the court to make an order, now all of a sudden the applicant doesn't want an order.....the Judge is going to ask for reasons.

It's expected that there were issues in the past, in which case, perhaps get an order by agreement but word the order in such a way that it's flexible for both parties.

Is your daughter the applicant for residency?
Under what circumstances are you suggesting the no order principle apply? For contact if your daughter gains residency?

Thank you for that Nrp.

Yes you're right, there were very good reasons why there was an application in the first place.

1st Social services should have got involved --but as most of you know they are never there when you need them.

2nd. the Solicitor should have (we know now) put in an Emergency Protection Order, but owing to either being corrupt or totally incompetent we have had to wait 18 months, and the court still haven't looked at the case. In this time my granddaughter as suffered more and more abuse (mentally)

Following extensive research we now think it may actually cause her even more trauma unless we handle it correctly not to mention the fact that my daughter is now so emotionally destroyed, I don't think she could cope anyway. JUST WHAT HER SICK EX INTENDED TO HAPPEN

Thanks again

sueb

sueb wrote:
1st Social services should have got involved --but as most of you know they are never there when you need them.

2nd. the Solicitor should have (we know now) put in an Emergency Protection Order, but owing to either being corrupt or totally incompetent we have had to wait 18 months, and the court still haven't looked at the case. In this time my granddaughter as suffered more and more abuse (mentally)

Court applications are to settle disputes, not "push" SS into doing a job.

A solicitor isn't likely to progress an EPO unless the situation demands an EPO application. Solicitors have a professional standard to work to. Even then, the solicitor is more likely to want SS to apply for the EPO and not the parent. EPO's are not limited to PR holders.

Nrp

The situation did demand an EPO was necessary, as you will see by the PM I have sent you .

sueb