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Hi, have a first hearing date soon. I have applied for a contact order for my 5 year old son, I duly served the court papers to my ex several weeks ago. I understand that the respondent must give me a copy of the C7 acknowledgement form before the court date. So far she has not given me a copy and refuses to state if and when she will. What rights have I got to demand this copy?
And do I need to inform the court before the hearing if she does not give me a copy?
Thanks,
Tel.
I don't think it is strictly necessary, when I worked for solicitors, we very rarely returned the form! Have you got evidence you served them on your ex, i.e. proof of postage? Or did you hand them to her direct?
I handed them to her directly, and she has since emailed me regarding them so can't deny she hasn't received them! I did get a helpful checklist from the court which made mention of the C7 and advised me to make sure I was given a copy. I thought it was similar to disclosure in a criminal case where each party sees the evidence that will be presented in court. The respondent has a copy of my application setting out my case and it would be helpful for me to know in advance what her case will be.Hence why I understood it was an important document to have a copy of.
Form C7 is an Acknowledgement of Service of the papers you handed to her, and also confirms to the Court (and yourself of course) as to whether or not she intends to contest the application, I think we can assume that she will!
However you could point out to the Court if you want to that you have not received it. She could hand it in to the Court on the morning. As you said, you do have an email confirming that she has received them, which is a good thing anyway! I don't know why she is refusing to give you a copy.
The C7 will not set out her case.
The first hearing is generally a Directions hearing (although he may ask some brief questions of you both) where the Judge will inform the parties of what he wants to do or see, which will include any reports to be filed and statements to be filed by yourself and your ex, her statement will confirm the full outline of yours and her case.
Many thanks for your advice and I appreciate your superior knowledge on the subject. I erroneously understood the C7 form to be an initial opportunity for her to put her case against the contact order.
Thanks
Tel.
I was expecting the same but on my first appointment they barely read the paragraph from CAFCASS. Concentrate on presenting yourself well for the CAFCASS interview. You may not get her C7 is the reality.
BW
You are welcome Tel and as Boycie says, concentrate on presenting yourself well for CAFCASS.
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