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Ex has Missed Court...
 
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[Solved] Ex has Missed Court Deadline


Posts: 1020
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Topic starter
(@daver)
Noble Member
Joined: 12 years ago

Hello All,

My ex and I had a deadline of last Friday to submit a statement of allegations. She against me and vice versa.

I submitted mine and her solicitor was sent a copy by the deadline as well.

The next deadline is for us to respond to each others respective allegations by Friday coming.

There has been no response at all from my ex solicitor to mine or court so far.

If she does submit them this week then the date for my response will have to be moved I would think.

Questions;
She had mine on time should she still be held to the deadline for responding of this Friday?
If she misses this Fridays deadline to for responding to my allegations what are the implications to her?
What are the implications to her for missing the deadline to submit her allegations?

I hope that all makes sense.

Regards,

Dave

7 Replies
7 Replies
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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Hello buddy,
1) yes....she should and it maybe worth a letter via the solicitor to hers stating that they have ignored the deadline and broken yet another court order. If you wanna save some bucks - send reminder emails daily 🙂
2) Although strictly speaking it is technically contempt/breaking the order my experience is that no-one gives one. She is gonna serve it probably rather late so reminders adding the the bundles are probably the best you can do.

.....the reality is she has nothing, no substance and she is so chaotically disorganised that she will return them, in some late rubbish state....or there might be an issue with finances.
3) The reality is that no-one at the court end is checking the documents are served. You will get them before the hearing but not sure when mate. I suspect your main stay will be pestering her solicitor

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Alright Roy!

I do wonder if it is a finance issue which means that she will not have had legal aid approved. Flimsy made upa llegations that I hope even legal aid have seen through.

I dont want to chase as it will cost me money, soolicitor already sent 2 letters, and I hope that they clean forget and dont submit as it will show her chaotic nature and they are all made up anyway.

I think your right in that they probably will be submitted at some point before the next hearing.

As my case is built around her inability to manage her own life never mind our childrens do you reckon that this will go against her in respect of the judge will think that the same?

Regards,

Dave

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I wish I could say it will go against her but the likelihood is that it won't...

As she hasn't held to the deadline so far she is unlikely to in future.

The implications will probably be further delays, give the court a call and ask if they can intervene in some way. If you haven't received her statement in time to respond to it then all you can do is to tell the judge at the next hearing that she has failed to stick to deadlines, her solicitor may get a telling off.

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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Hello matey,

Perhaps if you email her solicitor and copy the ex yourself - as this is an important issue in relation to the children and your residency application. Keep doing it, explaining the importance of sticking to deadlines and that it is leading to unnecessary delays that could be avoided in the childrens best interest.....

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(@Stevie D)
Joined: 12 years ago

Active Member
Posts: 7

Hi all
First time on here
Just been in court yesterday with the same thing and more
Ex missed the deadline on acknowledgement of service by 15 days and also the answers by 20 days, she also had numerous mistakes on her divorce petition. This was a strange case as i served her with my own papers as well as her serving me.
But in court the judge decided that she would give her more time to serve her answers to me and amend her petition.
If rules are not rules then what are they
So for your answer id say no
dont tell the other side, download the application for decri nisi and lodge it in court with a letter stating she is out of time
You have nothing to lose
I came away with a joint decri nisi both of us divorcing each other with no answers filed
But the judge wasn't happy with me at all for serving my own papers and didn't understand the legality of it
They are a joke

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

My situation is slightly different as its for residency of our children but Im expecting the same answer pretty much.

Regards,

Dave

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(@Stevie D)
Joined: 12 years ago

Active Member
Posts: 7

Ive got mine next month i received her statement of 42 pages of BS
CAFCASS is next for me
Dont know what to expect from them so its fingers crossed but I hold little faith in the justice system

Maybe ill have to get out the batman suit

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