I have had to seek a disclosure order from the courts to find the whereabouts of my kids because the wife has left the family home and taken them out of school. the disclosure ordered my wifes solicitors and the police to disclose my wifes whereabouts. Today i served my wifes solicitor with the disclosure order, my wife`s solicitor told me she does not know my wifes whereabouts and that i should hire a detective firm. However, i have good reason to believe that my wifes solicitor has been writing to her via an address fifferent to that of our marital home, should my wifes solicitor be disclosing this address to the courts? if the answer is yes, then what are the implications for the solicitor if it is not disclosed in the time allowed by the judge.
the court cannot force the solicitor to disclose this information as it is subject to solicitor client confidentiality -
nor is it valid against the police
this order should be served on any friends or family members who may know where the children are
i assume that you have also applied for an interim residence order and asked the court to request the address from the dwp for service
and enquiry agent would probably be the quickest and easiest option
25 years experience of all aspects of family law
WHY WOULD THE JUDGE ISSUE AN INVALID ORDER LIKE THIS THEN IS MY FIRST QUESTION ? I have applied for an interim residence ordrer.Ihave not asked the court to request the address from the dwp for service, should i do this and how do i go about doing it and will it work? What do you mean by an enquiry agent would be the quickest and easiest option and what is the cost involved and could it be organised by my solicitor when i get one and funded by legal aid.
the order is not invalid at all - it is a question of who can be forced to give what information
if the solicitor does not know where the children actually are then she does not have to disclose any other information she does have
you can ask the court to order the dwp to release the address to the court for service of the papers
an enquiry agent might well be able to trace her - but the costs would not be covered by legal aid
Today i found that my wife had left a letter addressed to her at her mothers address and it was from her solicitor,this letter was dated 5th May , what would you do ?
i would serve the disclosure order in her mother
Today i found that my wife had left a letter addressed to her at her mothers address and it was from her solicitor,this letter was dated 5th May , what would you do ? Do i have to go back to the courts and get another disclosure in her mothers name?
did you not get a general order - and why did you not name her mother - it would seem to be the obvious way forward
Who does a general order apply to? do i have to go back to the courts to apply for ageneral oder? Can the DWP be forced to dislcose? If an order is served on someone and they deny knowing the whereabouts and it is later revealed by the kids when they are found that this person did know there whereabouts could action be taken against them? Could a general order be served against schools , doctors social services(because it is an offence to limit the kids education by keeping them off school so legal action may need to be taken against them)
no i am afraid this order cannot be used in this way at all
you can use it against people like her mother and any other friends or relatives to discover where the children are and to allow your wife to be served
however i would first have instructed an enquiry agent to try and find her first as that could be quicker than trying to find someone who knows where they are
Can it be seved to her place of work? How much roughly would an enquiry agent cost and could you suggest one? Can an order be served on the Social Services , particularly if they are keeping the children off school because this is a criminal offence. If anyone withholds disclosure and it later becomes evident they did so can they be prosecuted?
no i am afraid that this is not possible - it is generally used on friends and family - it cannot be served on statutory bodies
you can find details of local enquiry agents in your local yellow pages
you can get help advice and support from families need fathers (www.fnf.org.uk)
DO i have to go back to the court to obtain a general order then?
try an enquiry agent first
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