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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

ex is going to take me to court

7 replies

loie · 04/07/2019 10:46

Can someone tell me what the process is here?

I've been going back and forth with a lawyer for a few weeks with a draft letter. Just as I was happy for it to be sent, an incident happened with my ex with police involved. I've been trying to get hold of her since (a week) with no success only to be told she's on holiday until mid next week.

Ex is messaging today saying he's going to bring me to court and he will 'get what he wants' and it's my fault we have to 'do it this way' etc etc.

So what would the process be? I'd ask the lawyer but obviously can't get in touch.
He doesn't pay maintenance (but in court would say he's happy to) and has a PIN notice against him.

Would he have to see a lawyer first? What about costs? How long would it take? If we send the letter at the end of next week, could I already have a letter for a court date? Would that matter, would it make me look worse if I hadn't been to a lawyer to set up a contact agreement?

OP posts:
loie · 04/07/2019 11:06

Anyone?

OP posts:
MzHz · 04/07/2019 11:11

Don’t panic. That’s the main thing. He may not even do anything to take you to court.

I know it’s hard, but just sit tight for now if you can’t get someone else at the firm to help/advise. In any event, if he DOES make a legal move, it might be better to wait until he does so you can discuss with your solicitor and then agree to react to it in the right way.

As I understand, I think they will request mediation first, so court dates are probably way off being booked at this time.

bibliomania · 04/07/2019 11:15

Don't let your ex panic you into a response. Wait till your own solicitor comes back - nothing awful will happen from a legal perspective just because it stays on hold for another week or two. Sounds like your ex is talking rubbish, but even if he intends to take you to court, he won't get a date before your solicitor is back. (In any case, you'd both be expected to attempt mediation before a court date is set. Getting the mediation appointment is likely to take weeks).

The maintenance thing is separate to contact - you can just go the CMS directly and let them deal with it.

Your ex is trying to panic you and hustle you. Just don't do anything for now till you can talk to your solicitor.

Oldraver · 04/07/2019 11:18

As others have said it's meant to panic/upset you. Typical abusive man speak.

He would have to go through a few hoops if he did want to go down the court route so, so you are not going to get a court date anytime soon...well not before your solicitor is back

I would just ignore him but if you feel a need to reply just say you will welcome 'court' sorting this out.

MarieIVanArkleStinks · 04/07/2019 11:29

This depends on circumstances. But if this is a contact or financial dispute, it will go to mediation first.

If you've already been seeing a lawyer then your notes will be on record with their office. And if ex is trying to jump into taking court action without first observing due processes he will a) be advised by any competent lawyer not to take this course and to follow due processes and b) annoy the Judge, who will then be likely to look on his situation less favourably.

Judges are used to dictating outcomes, not having outcomes dictated to them. And none are likely to take too kindly to this sort of approach.

Be responsive; not reactive.

loie · 04/07/2019 11:32

Thanks everyone. Feeling slightly better!

OP posts:
Ponoka7 · 04/07/2019 11:40

A relative's ex bounced into Court, with the 'I'm happy to pay maintenance' line and other stuff. The Police were involved.

He was soon knocked down to size. If all the information isn't up to date, another date will be given.

The Court usually wants a full Poluce check and other stuff done, once there are incidents.

Are you going to go for a non molestation order to stop the harassment? He is using coersive control and Emotional abuse, keep the texts.

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