[Solved] a week is long time....

Hi Lark

Sounds like she is pulling a fast one...stick with what you are doing at the moment.!Ask the Court to email a copy of the Order to you and you and to her solicitors...I don't understand why you haven't received it, once its drawn, its a simple matter of putting it into the post/email.

You have dealt with matter correctly in informing her solicitors that you already have an order ...exes unfortunately do not always tell the truth!

The Court has not received a further application and your Order stands as of last week.

Yeah, that's what I thought! If it hasn't arrived tomorrow, I'll request it be emailed to me and I'll email to her solicitor. What ever the outcome, its going to cause a delay in the hearing that should be next week....

Yes I am afraid it is if the hearing is next week!!! The Court have very much delayed in sending out the Order, her solicitors are not just going to accept what you say without seeing the Court Order...I would suggest that you request an adjournment citing the fact that you have not received a copy of the Order and therefore you have not been able to send a copy to her solicitors and that you don't even know if they have received a copy! therefor you have not seen her statement and if the order states you are to file one, you have been unable to file a statement also.

Ask that the adjournment be granted in your absence, that you mean no disrespect to the court, but bearing in mind you are funding this yourself if will be expensive to attend court when the relevant documentation has not been filed in accordance with the Order pf xxx ...oh and don't forget to send a copy of your application direct to her solicitors.

I filed my statement with my application. It should have gone to her solicitors with the order- I am not ordered to do anything but turn up 30mins before the hearing. Which is sometime after 18th june.

I gave them the new case number. All they have to do is ring the court and check. That's all I did!

They seem to be relying on this delay to add a further delay, which makes me wonder what kind of advice they are giving. They know I'm representing myself, and are trying to intimidate and bully me into a negative response.

I've done everything right, and if she doesn't file her statement, or turn up for the hearing, I don't think the Judge will be too impressed.

Aha...are you saying that the date for the next hearing is to be fixed AFTER 18 June? that means that a date has not been fixed yet. The Courts often do that.

However she must file her statement by the date ordered, you have informed the solicitors, yes you are right, they should make enquiries of the court and yes you are right in that it is a delaying tactic. If you have filed your statement already, then all you can do is to attend the next hearing and inform the DJ of what has happened and that she/her solicitors have been informed. As you say, the DJ wont be too impressed!

the date is the 'next available date after the 18th...' In my previous experience, it has been on that date or within a few days of it.

I have worked for solicitors and I am a paralegal Lark, "the next available date after the 18th" tells the Court clerks that the next hearing is not be until after 18 June, you should get another Order from the Court within about a week or so from the last hearing of the next hearing date. If you do , I would keep contacting the Court.

I'll keep you posted!
:whistle:

UPDATE......

I got my hearing date, 8th July! That's ages away.....

However, it seems my ex has made an application yesterday, and has got a hearing for 18th June (next tues)!!!! I put my application in on 4th June. How can this be? I am at present waiting for one of the clerks to speak to a Judge to clarify this situation.

Crazy world, crazy world....

What has your ex put an application for?

No point in having a separate hearing if it is linked to the same matter...and the you could ask the Courts to join the applicaions, but as I said, what is her application actually for?

she's applied for a variation of the current order. I haven't received a copy of her application yet, so God knows how she's managed to get a hearing so quick. I dread to think. The clerk is going to get back to me at some point today about it, as soon as she speaks to a Judge.

You got a copy of the Order, but not a copy of her application? where did the order come from, was I the court or her solicitor. Notify the Court that you have not received a copy of the App. It will be interesting to see what the Court are saying, and hope you will get back to us to let us know, before we comment on any more.

I will say that it will probably be most of the day before the Clerk gets back to you, they generally only speak to Judge when they have finished their cases.

So....

my ex has made her application for a PSO, variation of contact and abridged time for service.

Her application was made 11 days after I sat before a Judge with an application for enforcement. I am to be in court again on tuesday (due to abridged time), and only have a copy of her application because I had the court email it to me.

She wants to prevent me collecting him from school and suspend contact.

Her reasons are the same mantra she has peddled for the last 5 years.

Lots of work to do....

Heavens above! She likes to waste money!

I don't think she will get anywhere with the PSO ...tell the Court that she issued this 11 days after the enforcement hearing, it so obviously to side step the contact.

Also refer to the fact that you have not received the applications except via the Court on your request.

Unfortunately you just have to continue fighting what she has been saying and continues to say, but good luck ...and if you need any help...give a yell 🙂

well...

I still haven't received the application or order from the court for tomorrow's hearing! But, I have managed to obtain several statements regarding contact and I have numerous photos, all indexed, that show my time with my boy is a frisk :p !

Just hope the Judge will look at them and take them into account.

Anybody have any advice on what I should be asking for?

I think maintaining my contact will suffice for now. There will be another hearing, I'm sure.

Both the applications (mine and hers) are attached, so my application for enforcement should be heard tomorrow too, right? I've also submitted a response to my ex's application, there is a very helpful lady at the court!

I couldn't eat my dinner because I'm nervous! :boohoo:

oh dear, I do understand the stress you feel.

I would raise the issue that you have not received the Application either from her solicitor or the Court. This is important because you dont know what she is saying in that Application.

If you want to maintain your current contact keep to that and tell the Court that is what you are looking for, progressing to increased contact, say, in 6 months. It is better asking for contact to be progressed, i.e. that you are considering the future and that you are not looking to go back to Court.

Keep a handy bullet point list of what you want to get across to the Court.
Produce a copy of the contact you have now and how you feel you would like it to be progressed.
Keep a copy of your response to her application with you too.

I hope you have kept a copy of all the witness statements and photos too. Take them to court with you also.

Glad you found a helpful lady at the Court!

Good luck! 🙂

I have multiple copies of everything. I'm going early tomorrow and I'm going to ask that the documents be attached to the file. That's all I can do now. Except in the morning type up my notes so I don't forget anything. Its been a long weekend. :woohoo:

Good for you! I feel for you to over the long weekend 🙁

Let us know how you get on 🙂

so, yesterday was a white wash, pure and simple.

despite the fact I had evidence to the contrary, the judge sided with her speculative lies.

I didn't lose all contact, but I reduced to 2hrs a week, loosely supervised by her step dad. no base for contact, just doing something somewhere, for a bit, at their behest. this won't take place this week because he's working. I was offered 2hrs this week....but I was due to be working.

there are other points in the order but I don't dispute them, I'm happy for her family to pick up the legal costs.

so, I'm set to appeal.

let's see if I can make those cost spiral.....