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Court papers - cross application/ Ignoring my application

4 replies

Zippylovesrainbow · 11/10/2014 20:28

I served papers on my ex by Royal Mail, signed for. (Also sent via email)
It's been one month since and I haven't heard anything about it until now... I received papers from the otherside today, who has seemingly ignored my application and made one of their own!

On their application where it asks if there are any orders or cases etc about said child - it is an old hearing/case number - not mine I did last month.

I checked online , and my papers are still with Royal Mail, never collected!

The other side must have them as I have emailed, and received email from them with responses x10 plus!

Advice please?

OP posts:
CheersMedea · 11/10/2014 23:10

It's not clear what you are asking for advice about.

Normally if you've issued an application, the court will set a date for the hearing and send notice of that to the other side. Have you had notice of a date?

If you sent the same stuff by email and you know they received it (ie. they replied), and this was in good time for the hearing, it's not likely there will be a problem (if it's an application) because they had the stuff and you can prove it - by the reply.

Not sure what you mean about the old case number. Cases have one case number.

"An application" usually means a request for a court order of some sort WITHIN the context of ongoing proceedings - ie. an application within a case. The case has a case number. An application does not have a new number.

When you refer to to "an application", do you actually mean you issued some new proceedings (ie. a NEW case). If so, then there may be an issue with the email service because there maybe an argument about whether it was good service.

How can the papers still be with the Royal Mail if they had to be signed for? Did they not deliver them at all?

But either way it's not clear what you want advice about.

Zippylovesrainbow · 12/10/2014 09:47

Royal Mail attempted delivery, left a sorry you weren't in for card.

I applied for a new case/ application for a breech of an order from the other side and for amendments to be made to order as current one not working.

The other side has now applied for a new case/hearing - asking for amendment of order also. - completely ignoring my new application.
They have put old info from and old case - old case number and old details (I.e old CAFCASS officer not the new one doing a report at this time)

My advice plea is they haven't got the hard copy - it's at the post office
Is that a problem? I know they have received the emailed one.
Will we just have two hearings about the same child as now ordered? And although both are requested an amendment of contact? (Both have polar opposite reasons - other side made a false allegation and theirs is in keeping with this and full of more lies. Mine is about the breech and was ex parte where I showed proof they lied and this evidence was taken on board)

So will we need to attend both?

OP posts:
Zippylovesrainbow · 12/10/2014 11:00

Mine was Ex parte - so I got date on the day I applied and posted and emailed same day

OP posts:
youmakemydreams · 21/10/2014 13:55

It cannot be at the post office. ANY paperwork from a court from divorce papers to summons get sent back to court if delivery fails. Royal Mail do not keep them. Ever!!
You don't get a sorry you were out card in this circumstances.

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