Defendant not acknowledged or responded.

[mumtobealloveragain]

Many of you have posted advice for me recently on my threads. In short..I'm due in Court next week (eek!) as I've applied for an order of sale to sell the jointly owned property that I own with my ex. He decided to move in it after I made the application and use the fact we have 50/50 shared residency of the children to try and stop me selling it.

He didn't turn up to the initial directions hearing. The Judge made an order that we both file position statements the order detailed we must both provide the statements to the Court and to each other. I did mine on time (middle of November) and he had until beginning of Dec to do his. I've received nothing to date. I've called the Court and they confirm he has sent them nothing either, no statement, not even acknowledging the hearing/correspondence.

Anyway. The Judges order from the first hearing also states if either party fails to attend the second hearing (she wasn't impressed he didn't come to the first, or even acknowledge it) that she may make a final decision at the second hearing anyway in the absence of the other party.

Does anyone know if this is just a threat or is there a chance she will she actually order sale of the property in my ex's absence? (Bearing in mind e actually resides there now) I can't bear it to be delayed even longer and another hearing booked (won't be for months) I give him yet another chance to respond/turn up.

Thanks. x

Yes, the court can make an order for sale. He's had his chance to object, if he's stupid enough not to take part in the proceedings he will get an order against him.

Unfortunately, the chances are that he will then panic and make an application for the order to be set aside. Whether the court entertains such an application depends on the circumstances but also on the particular judge's discretion. If he applies to set aside you should apply for a costs order so at least you're not out of pocket.

Ah I see. So am I correctly understanding that I could get the Order for Sale granted next week if he doesn't turn up but afterwards he can make an application under the Children's Act for it to be set aside as the children live there (50% residency). If that happens I should ask for costs as he has wasted my time and money. I'm representing myself so that's very helpful to know.

He has a Barrister usually which his family pay for- surely though his legal representation wouldn't advise him not to respond to the order. Is there any tactical advantage to ignoring it and just turning up on the day and making their argument? Surely the Judge doesn't order the statements are provided to the court and other party well in advance just for the sake of it!

He's been awful since we separated. He left the property and refused to acknowledge it needed selling for 2 years basically dumped me with it. My solicitor wrote to him 6 times all ignored and mediation was declined by him- so I tried my best before Court. I've put all this in my statement so hopefully him ignoring and not responding to the Judge's directions will annoy them and I'll get the order I need to access my equity and so I can be free of him for good!