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Contact Hearing - Statement not received

8 replies

HisLommel · 30/09/2013 10:44

OHs ex was ordered to file her statement by 2pm on Friday just gone to us and to the court. As yet we have received nothing despite asking for a copy by email and for a copy to be brought to the contact centre at the weekend.

What happens now as this is eating into our time to respond to her objections to unsupervised contact. Do we just have to suck it up and reply (to objections we haven't seen?) in whatever time is left before our deadline?

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mumblechum1 · 30/09/2013 12:12

When is the next hearing, and when is your partner supposed to be filing his response to her statement?

tbh one working day's lateness isn't particularly unusual; it may just be sitting in her solicitor's office waiting to go in today's post.

HisLommel · 30/09/2013 12:27

Hearing is 21st October, his statement should be in by 11th October.
Perhaps I'm being narky because she already had an extension, so she's had 3 weeks and we only had two and now we won't get all of that.

Will sit tight a little longer. Thanks.

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CatDogAndMouse · 30/09/2013 16:46

We had this happen to us. We contacted the court and were given longer to submit our reply. The court date remained the same.

HisLommel · 03/10/2013 19:42

Still not received anything...
CAFCASS are not interested in being involved as there are no welfare concerns. I'm hoping they allow the hearing to go ahead without her statement. Is this possible?

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lostdad · 04/10/2013 12:39

It's my experience when assisting people in court that deadlines are routinely missed. There is very rarely a penalty for this - but failure to comply is contempt of court (but don't expect anything to come of this).

It happens sometimes because of disorganisation on the part of the other party sometimes but also gamesmanship to avoid showing one's hand. You're right too - it's the sort of thing people do to drag out matters. If there is justification it can be worth writing to the court to ensure that a tight timescale is kept to because quite honestly if the other party is happy with the status quo when it comes to contact they will do nothing (and indeed often attempt to hinder) to change matters.

I've attended hearings where the other side have file statements to the court without serving them on us, had them attempt to shove them into our hands as we are about to walk into court or fail to ignore them altogether.

HisLommel · 04/10/2013 12:50

Thanks lostdad. We have made contact with the respondents solicitor by phone and email, and the respondent by text and email with no success - no report and no explanation. There's no doubt for us that this is game playing. They were practically laughed out of court at the FD hearing and they have no factual basis for objection.

Just trying to put a letter together for the court now requesting that we keep to the timescales. She's had her chance, she's not had an explanation and frankly whatever she brings up we can answer on the day.

Thanks again Smile

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lostdad · 04/10/2013 13:09

If you're acting in person (hell...even if you're not) I'd recommend your other half joins Families Need Fathers. There's a lot of support for separated parents and their families there - a forum, meetings all around the country, helplines, etc.

Lots of stepmums too - my other half is an active member and it's helped her a lot.

HisLommel · 04/10/2013 17:35

Thanks Smile My exH uses it (which fascinates me as we've always had an amicable shared care arrangement!) and he's suggested it too. I'll have a look again and see about registering Smile

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