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Statements post fir...
 
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[Solved] Statements post first hearing


Posts: 555
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Topic starter
(@boycieuk)
Prominent Member
Joined: 13 years ago

I had a first hearing for the kids recently. My wife was asked to produce a statement of allegations. Its been over two weeks and Ive not had anything. Fortunately, we were also in front of a judge yesterday for the finances who told her to produce the documents by friday 4pm to be served on me. What happens if she does not? (please tell me I get my kids back and theres a happy ending 🙂 )


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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

Anyone been in this position?

:whistle:


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 actd
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(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

Not been in that position (though my ex did have a habit of not complying with court orders until she had been warned) - it's contempt of court, and the courts don't like that. Doubt it will be the happy ending you are hoping for (jokingly), but it all helps your case.


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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

Thank you ACTD,

I was running this by a new friend I have made through DAD.info and we came to the conclusion that I could write to the courts and her stating I have yet to receive her statements by the 2nd deadline (I am not sure if I can say that she is in contempt of court - perhaps only a powerful man with a wig can do this). In view of this I would therefore like the courts to consider that there are no allegations - is this a way forward? Would a judge bother to listen to this?

If I found out the name of the judge could I write to him saying that I did not receive it?

Or should I give her one more chance to issue it?

BW

Oh and incidently I did receive a card yesterday from Royal Mail stating there was not enough funds on a letter addressed to me and I need an additional £3 to get it. There is a possibility it could be her thesis of allegations but I am yet to be served anything. Given there was no documented proof and I cannot be sure she has still issued (could be anyone posting me something), should I still do the above or should I give her one more chance?


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(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

Boycie, as you are aware she is supposed to be sending you this statement, I think you should collect it from the Post Office. She will be made aware by it being returned to her that you did not collect it (if that is what it is of course!) And the court could consider you are being mischievous in not collecting it.

If you have still not received her statement you should write to the Court (not the Judge) confirming that the statement that was due to be filed by .xxxxx has not been filed. I presume you are to file a statement in reply to hers and add, that consequently you have been unable to file your own statement. And go on to ask that the allegations raised have been raised to cause mischief.


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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

I called the courts today, courts havent got it yet either......I guess someone else is trying to save on postage........


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Unfortunately Boycie these women seem to be able to get away with murder without any repercussions! Just continue to document these breaches and silly efforts to try and sabotage your case....not putting enough postage on letters for example!

Her tactics are more about delaying things I think, but she is in breach and you could write and suggest that this puts her allegations into doubt....listen it's worth a try, if its ignored then there's no real harm done anyway....the judges are supposed to take into account that Litigants in Person should be shown some leeway because of their lack of knowledge about judicial protocols....milk it! 😆


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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

Yes indeed it was her solicitor trying to save money on that occasion lol....it was a form for financial settlement from her solicitor.

I have yet to receive her statement since the schedule I suggested given she did not want to work to mine or the courts schedules for statements in relation to the kids.

NJ - when you say use to my advantage - how so? Surely they will be leniant towards her given she is self repping for the kids. Any suggestions always appreciated.

BW


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