other side's solicitor communicating with court

[bibliomania]

Family law case - dispute over child living arrangements, in and out of court over years.

Ex currently paying for solicitor, I'm self-repp'ing. 4-day fact-finding hearing scheduled for early next year. As exH had representation, the court order says his solicitor will do the bundle. He agreed to this. Now he reckons he can't afford it (I actually have some sympathy for him on this, as I don't think he realised what he was agreeing to).

ExH has now told me that his solicitor wrote to the judge last week saying he wouldn't be doing the bundle, and couldn't the judge just make a decision based on his previous representations? This sounds very odd to me, and I don't think exH has got it right. I've asked for a copy of the letter, so won't prejudge the contents till I've seen them. But the question is this - should his solicitor be communicating to the judge without even letting me know?

I'm prepared to do the bundle myself if need be, so that's not the issue. It's more about feeling on the back-foot that any discussions about court might be had without my knowledge or input.

I've heard horror stories about documents being left out of bundles prepared by the 'other side'.

I'd do it myself if poss.

Thanks Cadburys, my ex would definitely try to do this if he could get away with it. I was just hoping that his solicitor would avoid anything dodgy, given that it wouldn't do her reputation with the judge any good.

That sounds bizarre. You can't just not do a bundle, especially for a hearing of that length!

I'm the applicant so I understand the bundle is normally my responsibility - the judge proposed exH do it as he had representation and I didn't. ExH agreed, but I assume he is now saying it should be my responsibility. I'm okay with that, just alarmed that this has apparently been going on with nobody telling me.

But your ex did tell you about it Isn't that how you found out about the letter?

Just do the bundle. You are probably better off doing it yourself anyway, so you can be sure all relevant documents are included.

So now I've got the letter, with an apology for not sending it to me before. Looks like I'm doing the bundle, which is fine. I presume it's a cock-up rather than a conspiracy that I wasn't told about this earlier on.

Umm, I don't think that's right. The applicant does it unless they are not represented, in which case the respondent does it. If neither party is represented then it could be your responsibility or the court may do it for you.

Probably best to do it yourself though - that means you know everything that should be in there is there.

Yes, for peace of mind, I'm happy to do it.

Thanks, baby barrister, that's very helpful.