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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: 12 years ago

Finally - one month later I have received my wifes allegations re: residence and contact orders. It turns out she only posted it yeterday.

It is full of what one might expect - DV,DV,DV and more DV....Ill attempt to dismiss most of this.

1) What is the best way to reply to this? Rather than point by point allegation she has written a thesis of matters - do I respond with a reply under each paragraph in italics etc.....

2) In her additional evidence - she has omitted sections to me or alternatively blacked it out. Is she allowed to do this.

3) Finally her solicitor wrote to me saying she was self repping for childrens matters. In her evidence he has dated a letter on 10th July acting on her behalf to her GP.....Is this breaking any legal rules or codes of conduct?

BW

Boyce

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Well at least you now know exactly what you're up against! By writing it in thesis form its possible the judge will skip through it and not take it in...they like each paragraph to be numbered and concise.

1) I would stick to the accepted format for a statement and bullet point your responses to her allegations. In the initial paragraph give a short brief history and then deal with each of her allegations in their own numbered paragraph.

2) I'm not completely sure about the omitted sections/ blacking out but my strong feeling is this isn't allowed! How are you supposed to respond! Call the court and ask what their position is.

3) Again, not sure about this...if she's got a solicitor to do some of her work then she's not strictly self repping but whether there's any code of conduct regarding this I don't know. You could ask the court to clarify this too.

I'm going to PM you so keep a look out!

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(@Enyamachaela)
Joined: 12 years ago

Honorable Member
Posts: 539

Hi Boycie

If your ex has blacked out or omitted parts of her Statement and that copy has been filed with the Court, it is incomplete and you cannot possibly answer a statement in that way.

If this is what she has served on you, ring the Court to ask them if their copy is also blacked out/omitted. If it is not, tell them yours is and ask if they could send you a complete copy.

If it is blacked out/omitted, I would suggest you file a statement (so that you are not in breach of an Order) stating exactly that, and that you are unable to file a reply to an incomplete statement.

As for her self repping on Children matters, she obviously didn't get funding! LOL! My guess is that the Solicitor may well have advised her on ad hoc basis, i.e. paid by the hour for so much work only. It could be that the Solicitor wrote to GP before she was self repping. Many solicitors are assisting people on an ad hoc basis now.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

That's what I thought.

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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Even if he is ad hoc advising I have no problem with him being in the background but they should make this clear. He has stated on at least 2 correspondence's that she is self repping even after the letter was addressed to the GP. Is this in breach of anything that I could express my concerns to him directly?

Ever since I have self repped on finances he has toned down his correspondence. I suspect the fact he was probably billing the other half £50 a pop to read each one realising she has already amassed 17K on finances alone is enough to give him a bit of acid reflux........lol....I would be suprised if she's has paid a penny as yet.....

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