My best friend has been taken to court by her ex for PR and access to their 2 year-old daughter (who he hasn't bothered to see or contact for 6 months).
He refused mediation despite her being willing to arrange contact every week and basically give him everything he was initially asking for but he kept upping the ask until she said no. He then went ahead and filed a C100 - he's on legal aid (got in under the radar), she's on a low income but is paying her lawyer.
The first hearing was ago and he didn't turn up. The court is giving him another chance to show up and they have another hearing in 2 weeks time.
She's been asked to file a position statement with the court. As the respondent, doesn't she have the right to wait till she sees his statement first? (Her lawyer is away until middle of next week and so she wants to get things sorted in her head so she knows what to ask him when she talks - lawyers cost an arm and a leg for every call. She hasn't seen a copy of the court directions yet).
How many days before a hearing do you need to file papers with the court? Will they be sent to the Appellant even if he doesn't file.
Also if he doesn't turn up in 2 weeks time is the case likely to be dismissed?
Thanks for any help.