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[Solved] Ex (applicant) hasn't submitted position statement

 
(@shreks mum)
Active Member Registered

My son went to court last month for the initial hearing, he was LIP, his ex who is the applicant had a solicitor.

The order was for them to attend SPIP (appointments haven't come through yet), and his ex was told to file her position statement by the 20th March, with my son's response by the 27th.

He has had a letter from her solicitor to say they are no longer acting for her, but did not receive her position statement by the due date. Does he just wait to see if it comes, or inform the court in some way (they were supposed to have the copy of it too).

Quote
Topic starter Posted : 21/03/2015 10:20 pm
 1626
(@1626)
Noble Member Registered

Hi there, as your son is supposed to file his response to hers one week later, you can do one of two things.

1) Contact the court for further directions
or
2) Submit his statement, making clear that there is no statement to respond to.

It often depends on the individual judge whether they will give an extension to the deadlines or deal with it at the next hearing.

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Posted : 22/03/2015 2:10 pm

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(@Nannyjane)
Illustrious Member Registered

Just as 1626 advises...I would write to the court and tell them that you have been unable to file a statement of response as you haven't received the applicants statement. Mention that as she is no longer instructing a solicitor you are requesting further directions.

Your son could write a position statement and attach that to the letter, making clear as 1626 says that it is a position statement and not the response as the court had ordered, but that you felt it important to file this with the court to try and avoid delays.

He would not be in the wrong though if he waited for the court to respond to his letter before filing a statement.

Remember to send a copy of the letter to the applicant as this is court procedure.

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Posted : 22/03/2015 2:44 pm

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