Residency case am self repping - could use a little advice please.

[LizaTarbucksAuntie]

Minutes ago

Ok, so we're having another go in court in April over the issues related to contact.

I am respondent (this time) I was awarded sole residency of littlesparkles aged 5

Ex lives in a different country, very antagonistic.

I am self repping

Statements were due in February, mine on time, ex's 10 days late filing

Responses to statements due about 10 days ago, mine filed on time nothing from ex's solicitor.

On Monday I asked solicitor when I would get statement and got a reponse saying will be with you asap
Get a court order today dated the day PRIOR to that request and reponse. Order says that I must be given a copy of the email, new dates for ex to file by and that court reserves right to dismiss both response statements.

What's all that about then???
Why would MY statement get dismissed if he's late filing - do I have to do another one?

Thanks in advance

Was the email from his solicitors asking for more time to file a statement? You should have a copy of it. The court can't refuse your statement. In reality it can't refuse his, but if he springs it on you at the final hearing demand an adjournment so that you can take advice on it. As you're a LIP you can hardly get advised at court. The court should also award you out of pocket expenses (eg cost of taking a days unpaid leave to make up for the extra holiday you're having to take).

Thanks.

Nope no email from his sols only a court order stating I'm supposed to see the email. The court order was made before I contacted her because I hadn't had a copy of the statement over a week after the filing date.

his sol won't accept my calls this afternoon and did not repsond to the email

Court order reserves the right to dismiss both second statements and I'm wondering why mine would get dismissed (It makes sense that his could because it's supposed to be a response to my first statement not this second one)

Incidentally, he doesn't have a leg to stand on and his case is paper thin.

Email the court pointing out the lack of email and their not returning your court. The court should also send you a copy of the email.

Thank you very much.

I wasn't sure of the form for contacting the court directly so I'll do that today.

Really appreciate your time.

Thanks, the Court have had both statements.

i've been in touch with his sol now, she claims it's her fault that he didn't file I thought it was OUR responsibility to meet the requirements of the court orders, she seems to take the blame every single time he fails to do what he's told - sure the judge is going to see through that.

She made the application to the court without checking the court order first I'm so glad she doesn't work for me. The solicitor I used to have was evdiently a total star as we never had a single problem with him.

...oh and she sent my statement directly to my ex before checking with the court if it should be disregarded or not. So he has it already. excellent. He now has another 3 weeks to file and I'll get his statement and have 2 weeks to prepare for court and xexamination. Am quite cross and feel like they are trying to pull a fast one.

thanks, I think I'm just fed up now. This was supposed to have been settled over a year ago but my ex doesn't take 'losing' (his perception not mine) lightly so it's been one thing after another every week, I'm glad I'm self repping because I'd be bankrupt, but I really think I'm getting worn down. The only way to make it stop would be to say, ok have it your way littlemad can come and live with you, but that would be the worst possible thing I could for littlemad.

Am tired, and fed up of it all. Everyone in RL must be so bored with me having this as a huge issue so just needed a tiny vent!

(realises what the value of the solicitor is - they weed out the crap you actually need to stress about)