NSW Adequate Time for Solicitor to Reply to Correspondence?

[Peter_P93]

Good morning all.

Looking for some help on what the brains trust consider suitable time taken for a solicitor to reply to written/emailed correspondence?

Ex’s solicitor directed a letter to my solicitor from a family law case, however, I am no longer using a solicitor.

I addressed all points in the correspondence sent to me, and have been waiting almost 4 weeks for a response. In addition... for all those who are familiar with my previous inquiries... it’s been almost 3 months and still no conversation with my little girl. I have, however, seen her grandmother telling her to be very quiet when I try FaceTime only to be told she is not there...

 

[sammy01]

Hi Peter,

You're currently working OS? Just trying to remember...

Write another letter...

Remind us again... Do you have court orders that state Facetime?

Look, I think you're on a hiding to nothing... Send another letter, but then realise that you're better off just accepting it. Mate, not legal advice, just real world experience. She knows there is stuff all you can do and she is enjoying that it is getting you upset...

What was in the letter from the ex's solicitor?

 

[AllForHer]

I agree, write another letter.

To whom it may concern,

I refer to the matter between Your Client X and I regarding parenting orders for Child Z.

I note that Your Client X and I are both subject to final parenting orders made on [date]. Clause # of those orders states:

#. [insert wording of order here].​

Since [date], Your Client X has not facilitated any phone contact time between Child Z and I, thereby contravening Clause # specified above.

I therefore urge you to remind your client of her obligations under the parenting orders. Further, I advise that if phone time is not facilitated in accordance with those orders, I will be seeking contravention orders against Your Client X, along with an order for costs in my favour.

Kind regards,
Your name.

Question - are you armed forces?

 

[Peter_P93]

Hi Peter,
You're currently working OS? just trying to remember...
Write another letter...
Remind us again... Do you have court orders that state facetime?
Look I think you're on a hiding to nothing... Send another letter, but then realise that you're better off just accepting it... Mate not legal advice, just real world experience. She knows there is stuff all you can do and she is enjoying that it is getting you upset...
What was in the letter from the ex's solicitor?

Hi there, yes... working overseas.

Orders state “mother will facilitate FaceTime/Skype/telephone contact on certain days and times.

I tend to agree with you, and the letter I received is stating that I have contravened orders, my little one is confused not knowing when she will get to talk to me (she only turned 3 a few
days ago), yet I haven’t missed making a call or FaceTime in 3 months.

I am making it difficult for her to secure employment, concerned child support has dropped, and mother is applying to court to change orders... (In a brief summary)

 

[Peter_P93]

Question - are you armed forces?

Yes.

 

[AllForHer]

The reason I asked if you were armed forces is because I think the Court will accept telephone attendance if you do decide to file a contravention order application and working overseas is essentially mandatory. You obviously can't flit in and out of the country for interim hearings if you're overseas, but the Court is less likely to expect you to if you're serving.

So, you've responded to that e-mail and addressed each of those issues?

If so, now you just focus on telling the lawyer that mum is in contravention of the orders and you'll be taking action if she doesn't amend her position. You don't need to cover old ground again.

 

[Peter_P93]

So the response was emailed on 05 March. And I haven’t heard a thing back... Is this odd?

 

[AllForHer]

Is it odd? Not at all.

Remember that every time you email mum's solicitor, she has to a) pay them to read it, b) pay them for their legal advice about it, then c) pay them to respond to it.

That doesn't mean you shouldn't keep emailing them though.

 

[Peter_P93]

Very valid point! Thanks for the polite “calm down”.

 

[Rod]

If you are willing to go to court over this issue then put a timeline for a response, say 14 days. Put them on notice with a deadline, and repeat costs will be sought for the mother's contravention.