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No contact from her...
 
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[Solved] No contact from her solicitor why ?


Posts: 136
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(@mjtefc9)
Estimable Member
Joined: 12 years ago

I have had nothing from her solicitor since the first hearing, the secon hearing isthis Thursday so I wrote to court explaining this.

I have tried to email, ring and have proof of post all my documentation the court ordred they should have a copy off but still have nothing off them. I even recieved a deleted email off them when i Send them my statement (means they deleted it without reding it ?)

Courts are fuming spoke with the clerk and she is not happy with her solicitors, she has finally got through to them today and they are saying its me not keeping in touch! She said some do this and to bring all my paper work and evidence to court.

My question is why ?? Why would her solicitor ihnore all my attempts top contact them, and why not contact me? Are they trying to prolong the hearing, or get it adjourned? I am representing myself and Also have to travel to London from Liverpool.

19 Replies
19 Replies
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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Sounds like they are being obtuse and trying to make things difficult for you.

Unfortunately they are around.

My exs slicitor thinks he is a bit of a Jack the lad as well.

Follow the courts advice and provide all your proof of communication and any where they have deleted.

I suspect that te judge will take a very dim view.

Regards,

Dave

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Cheers Dave

Yeah thats what I think, there not playing very nice considering im representing myself and it was me applying to the court for contact.

I'm looking forward to Thursday now in a strange way, really want to give it to them.

I have all the eveidence and its all documented. I'm just scared they are going to say they haven't had something and can't comment untill they do and things get posponed?

Cafcass and the courts have recieved everything?

Mark

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Gee wizz....my spelling was bad on that last post.

Probably trying to unsettle you and intimidate as your self repping.

Trying to play games.....

Be cool, as long as you come across as reasonable and can prove you have done as much as is possible to move the case along Im sure you will be fine.

If it looks like the other side have played games or delayed things Im sure the judge will fire a few rockets in theyre direction.

Regards,

Dave

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

Hi Mjtef

I think Dave has already given you some good advice, take all the evidence to Court (including the deleted email).

It could also be that your ex has not given her solicitors any instructions, and they cant do anything about that! However they will have to answer to the Court.

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Well went to court yesterday, the hearing was 3 hours late, I sat outside the court door by myself and she sat in a room with the door open laughing and having a ball with her legal team.
Eventually we went in and she changed to an hardone by Mother.
They argued I only had hair strand done for cocaine, which is all they asked for , and she stated I was on smack!! This came from no where but I now have to pay for more tests! And she now states she has witnesses of DV, and when asked what they witnessed, it is apparently us arguing ?? Of course we argued I can't bare the woman, and her boss saw a bruise on her??!? So it has been put back for fact finding on the 10th of Sept. meaning still no contact and I miss his second birthday, the [censored] has made miss both.

So I have to go to London again on my own and sit in an all day hearing on my own, whilst she brings a legal team and her friends and family to slag me off.
Feel like giving up! Took all my strength to get up for work today!

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Can someone advise me if I can issue a prohibited steps order ??

I'm sacred she will do one, as she is from Ireland and has no ties here

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Sorry to hear your court appearance was stressful. Try not to let it bother you although I know it will.

My last appearance was similar, she was sat there cracking jokes with her solicitor.

It seems strange to me that you are paying for your tests as it is her who is requesting them. This doesnt sound right to me.

Didnt the judge ask why she didnt state correctly the range of substances they wished that you be tested for as this seems clearly meant to delay and incur you additional costs.

Regards,

Dave

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Yep they did ask but they then said it would be in my interest to have the tests done again just incase her team raised anything again, so I have just paid £90 to get them done again, luckily the lab still has my hair on file.
I even stated to the judge fact finding will only determin we did argue and we never got on, but this was peronal and just to stop me seeing him.
I think I need legal help even a trainee will do just for that one day, any advice? I have no witnesses dont need any, but she apparently has 5 !!
I can do this alone, but would love the back up of a legal brain to fight for me.

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

Hi MJ

Sorry to hear the hearing did not go well for you. Its so wrong that she has brought up yet another drug! Do you and she have to file any statements before the Fact Finding Hearing?

If you are really concerned that your ex might flit to Ireland, and she has family in Ireland, and if she has made threats to go to Ireland, then a PSO is a good idea, and yes you can issue an application for a PSO. I strongly suspect that you will have to pay but I would ring the Court and ask if a fee is payable within existing proceedings. Some Courts do charge and some not!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

As proceedings have commenced then the form C2 would need to be submitted to add on the PSO. I think the charge is £90 for this but not sure....

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

Yes NJ that's what we have to pay in our area.

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Thank you, i can't afford £90 I've just had to pay out for more drug tests, and my train tickets so thats over £200.
Hopefully I'm just paronoid over her going to Ireland.

Yes she say's she has 5 witnesses friends and family who have heard us arguing, and so they all have to file statements which I must recieve 2 weeks before.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Do you think you might be eligible for a full or part exemption from the court fees, it might be worth looking into. You would do that with a form EX160a.

Of course anyone that writes a witness statement is then open to cross examination on the contents of the statement. They will have to make themselves available to attend court.

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

Yes take a look and see if you don't have to pay the Court fee. Try having a chat with the Court, explain the position you are in and see if you can get some financial assistance, as there are existing proceedings already, they may just consider it. Worth a try.

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

:woohoo: Her solicitor just rang me! She wants to offer me contact !! :woohoo:

They said she doesnt want to go to court and that it's better for me ! that means her lies have caught up with her ! And she doesnt have all these pretend witnesses !!

What should I do, say ?

I need something she can't go back on !

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Thats good news but I would advise caution here, perhaps you can ask for her proposed schedule of contact and if you are happy with what is on offer or can negotiate a schedule of contact that you are happy with then I see no reason not to go ahead, providing they are prepared to put it before the court and written into a Consent Order. This is for your peace of mind because then the agreement becomes legally binding. If they are not happy to do this then I would go to court. Don't cancel the hearing until you have the agreement with contact schedule and an agreement to have it legally certified.

Is the next hearing 10th September? I would tell them that if agreement cant be reached by the time of the next hearing you will go ahead with the case. Make sure that you have all of this in writing as it will be good evidence to show the judge if it falls through and you go back to court.

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(@mjtefc9)
Joined: 12 years ago

Estimable Member
Posts: 136

Thank you Nanny Jane 😉

If I can agree contact, we get it written into a consent order and then go before the court before I see him ?
They still said they want supervised and in a contact centre, which is what I would get due to CAFCASS recomendations but I see no reason to request doing this a few month's them over night contact ?

Who doe she supervision ?

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Ah, ok...you would then specify supported contact at a contact centre, have a look here www.naccc.org.uk ...supported contact is more relaxed and you would just be in the centre with the staff there but not actively involved with your visit. Supervised contact is where you would be monitored by a member of staff and the contactwould be reported on...as there is no risk of harm to your child from you I would definitely argue for supported just whilst you get your relationship with your child back on track.

I think definitely you should be able to get it written up and rubber stamped in court... It could be done at the hearing you have coming up if it can't be done before. You would just go into court and tell the judge you have reached agreement and ask that it be written into a consent order.

Why don't you put a schedule of increasing contact together and send it to them for agreement. You are right, you can expect to attend at a contact centre for say 8-10 sessions which are usually every fortnight...there is distance between you so would fortnightly be too much financially? You can as I think we've discussed before, get the travelling expenses offset against CSA payments.

I don't think they would be happy going from that straight to overnight contact but you can suggest moving from contact centre to unsupervised in the community for a further further 6-8 visits and once that is done you can ask for this to be overnight...of course you probably have a schedule in mind so now it's all about negotiating an arrangement that you can all live with.

Have a look at the contact centre website and then start putting your schedule together. Either wait and see what her side come up with first and then put yours forward...you'll probably end up with something in the middle....good luck!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

You could ask for contact to start straight away so you could see your son....as a gesture of goodwill.

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