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Legal matters

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Position statement not filed

5 replies

Damiana · 17/04/2018 14:55

Long story but will try and keep it short. My ex has applied for contact with our toddler. He has been having interim supervised contact until the final hearing where I am hoping for contact to remain supervised. There are issues surrounding child neglect and domestic abuse which I have referred to in my statement and provided evidence of. I have no solicitor and don't qualify for legal aid due to me not reporting domestic abuse at the time it happened but my ex has a solicitor representing him. We were both ordered to file position statements by x date, which I have done however x date has passed and I've heard nothing from his solicitor. Does anyone know why this may be or what I can do next? I'm concerned that I've basically played my hand and he's stalling for time to get his story straight.

OP posts:
Mumblechum0 · 17/04/2018 16:07

The position statement is frequently only filed on the day of the hearing, or the day before. It's simply supposed to be a way of showing the court what is agreed, and more importantly what is at issue.

By not filing the PS on time, your ex's solicitor isn't going to be at any advantage, tbh, they probably just haven't done it because of pressure of work or because their client is not giving them details they need.

Damiana · 17/04/2018 16:32

@Mumblechum0 Is that even when the court has ordered it to be filed by a certain date and time?

OP posts:
Mumblechum0 · 17/04/2018 16:44

I'm afraid so.

I was a family lawyer for 25 years and it was not unusual for one (or sometimes both) party to amble along at their own sweet pace irrespective of the directions order.

Damiana · 17/04/2018 16:48

@Mumblechum0 How strange. It seems like either incompetence or dirty tactics to me! Surely this puts one party at a disadvantage having less time to prepare?

OP posts:
FedUpOfThisNonsense · 17/04/2018 17:40

In future you can agree to exchange statements at the same time by email once theirs is ready.

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