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Hi, help needed please ....
First hearing on the 31st October and I have to prepare a 3 bundles for the court.
It says the content of the court bundle should be agreed with the other party where possible.... with my ex this REALLY won't be possible as she will disagree with everything (even though I have hundreds of emails from her where she is denying contact and being deliberately awkward and obstructive.
She has a solicitor, I don't - what should I do ....?
You can get a template for court bundles from here
www.thecustodyminefield.com/mobile/FamilyLawMenu.html
It's really bizarre that you have to do the court bundle, generally if only one side has a solicitor they are instructed to compile the bundle! I would get some clarification from the court, give them a call and explain that you are a LIP and the other party has a solicitor but you have been ordered to do the bundle on this, but you have been told this is unusual....it seems incredibly unfair!
If the judge has ordered you do the bundle you should liaise with her solicitor anyway and not her. Do your bundle but then invite her solicitors to look at the index and ask them if they wish to include anything.....but wait until just before you are due to file it with the court before you do this, this is what a solicitor would do...it's all about tactics sometimes.
Another thing you could do is to attend a Families Need Fathers meeting, you,will be able to get support and legal advice.
Here's a link to the we page that will tell you where there is a meeting in your area
www.fnf.org.uk/help-and-support/local-branch-meetings
You will find contact details for the organisers of the meeting and I would advise you to give them a call and ask for some help with it.
Thank you very much for the reply.
I must say that it is quite confusing, the court know I am a LIP as they sent me forms on what to do !
So s it an absolute necessity to send a copy of the bundle to her solicitor in advance of the court date?
Doesn't this mean that they will see what I am asking for and my "evidence" and therefore put them in a better position for the hearing?
As I am the applicant why would HER solicitor put the bundle together ? Surely they would put in what is in her interests rather tan mine? Or is there something I ave misunderstood about the process?
Yes, everything that you file at court, statements, bundles etc should be sent to the other party's solicitor too. So it's always 3 copies, 1 for court, 1 for you and 1 for the other side.
The court bundle is a complete history of the case, you would include everything, the court forms, statements, reports, any test results such as for drugs or alcohol, evidence...some people even include photos. In essence its not supposed to be something that is more beneficial for one side or the other....but sometimes the solicitor that is doing the bundle will try to avoid putting the other sides evidence or statements in, it's tactical. As you have to send a copy of the bundle to her solicitor, strictly speaking you should send it to them at the same time that you file a copy with the court....but if you don't send them a copy of it until later then they can moan but because you are a LIP you probably wouldn't get flack for it...I personally would give them a copy when i was supposed to but wait until a few days before it has to be filed at court and then send them the index and ask them if there's anything they wish to include before you file.
It's quite complicated thats why I suggest you get some help, FNF don't charge for any help they give and the meetings are usually free. They can recommend McKenzie Friends and look over your paperwork and give you help about procedure and protocol.
Generally because its quite a big job for a LIP to take on the judge would usually order the party with the solicitor to do the bundle because they are used to it and know how to put one together.
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