Hoping someone able to help a really stressed out dad.
Filed c100 for shared custody as ex refusing contact. Ex filed c1a containing false DV allegations. At directions hearing fact finding hearing ordered. Ex was to file & serve evidence & Scott schedule by last Friday. Then I had 7 days to file & serve my reply.
I've received nothing. I sent letter to ex's solicitor on Monday but got no response.
I can't afford solicitor so am doing everything myself. Her solicitor frequently ignores my communication .
How can I find out if she filed anything with court?
I have a suspicion that as the allegations are lies, the ex's plan is to delay , delay proceedings in attempt to alienate my lovely toddler.
She has relocated the child to her parents in Cornwall with excuse of coronations so stopping my interim weekly 2 hour contact session.
Your court case maybe not going ahead and could be heard at a later date. Or she is struggling to come up with a scotts schedule especially if it is false allegations. Its easy to fill in a c1a and make things up verbally. Writing it all down with evidence is a different ball game
Most solicitors dont like litigants or like to frustrate and abuse the family court process. If she/he ignores best to leave it and wait for them to contact you. Your ex solicitor is there to act for their client which will include making things difficult and also solicitors sometimes ignore as ex not instructing them to reply to any queries. Not all solicitors are like this, there is sometimes good ones out there that dont play games and put children first
If she doesn't file and doesn't turn up to fact finding hearing will the judge grant my c100 application for shared order on basis she has failed to prove her allegations or will I be in limbo. Court adjourns whilst she continues to deny me contact with my lovely toddler.
It's been a year and I'm so anxious my toddler will be alienated by simply not having been given chance to bond with me.
Its a long process . Is your child under 2? I am pretty certain she will turn up to hearing, if you havent done anything wrong she is going to struggle with scots schedule. My guess is if there are allegations with no evidence they will be dismissed quickly. Judge will then look at contact. It wont be shared care though as ex would need to agree . It will be a case of you working out a plan where contact is done in a phased way. Reason why i say this is because you been in a contact centre. Next realistic way forward would be 4 hours unsupervised and to increase in a phased way. It could cause a problem if child isnt 2 yet. To get overnight contact generally your child normally needs to be 2 years old. If child is in nursery that would be one of few reasons to argue overnight contact before they reach 2.