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Scott schedule exchange deadline missed

4 replies

Quandary2018 · 19/07/2018 21:52

Have been going through the family courts since last November as ex has applied for contact to our DC.
After a CAFCASS section 7 report recommending indirect contact until ex completes a course for domestic violence perpetrators which he then didn’t get accepted onto because he denied doing anything we now find ourselves facing a fact find hearing.
We are both represented.
At our last hearing it was decided we will have a fact find and a deadline for Scott schedule exchange was set as 2nd July with responses and written statements to be submitted 2 weeks later.
My solicitor and I have prepared mine. The 2nd came and went and nothing was received from ex, my solicitor emailed his, called his and got no response. On the 9th we were told we’d have it the next day and we are still waiting.
We have not submitted mine as theirs isn’t ready.
Deadline for submitting completed Scott schedules and statements has now passed.
My solicitor has rung his 4 times in the last 2 days and sent 3 emails- no response
My solicitor is now saying we should submit without my ex and write to court for directions

Does anyone know if there’s any consequences for missing court set deadlines?
What does my ex have to gain by not submitting his Scott schedule and statement on time?

It’s so frustrating, this has been going on so long and he’s behaved appallingly throughout- police have had to have been called a number of times
I just want it sorted so the kids and I know where we stand

OP posts:
Quandary2018 · 21/07/2018 12:03

So my solicitor issued his with a final chance to submit their Scott schedule by 4pm yesterday or else we’d submit to court without them and would issue a cover letter explaining

We got no response and so we submitted to court my Scott schedule. My solicitor wrote in the cover letter to the court asking them to issue an order my ex to comply or to dismiss his claim for contact with the kids due to non compliance.
He also thinks our court date will be adjourned due to them not submitting to the deadlines which is a pain because I’ve already booked and paid £100 for childcare for the day as we’re due to be in court all day.

If the case is dismissed due to my ex’s non compliance what will that mean?
He’s currently only allowed indirect contact but shows up everywhere and tries to talk to the kids so if the case is dismissed and there’s no court order stating he can’t see them he will just keep showing up, abusing me in front of them. I don’t feel safe any time I leave the house because somehow he’s always there.
If the case is dismissed he will say there’s nothing saying he can’t see the kids just that the case was dismissed due to paperwork
I don’t want the case dismissed and I can’t afford for it to be adjourned as don’t have another £100 spare to arrange childcare for another day and won’t get the money back from the day already booked.

Anyone got an idea on what’s likely to happen?

OP posts:
Ariela · 21/07/2018 12:27

I would chat to your childcare provider, explain the circumstances and ask if you can change the date if it's adjourned and the date changes.

Sorry can't help with the rest - what does your solicitor say?

Collaborate · 21/07/2018 13:08

The thing about Scott Schedules is that they contain a list of the allegations you have decided to ask the court to concentrate on. Why didn't your solicitor send your SS on the due date? There's no harm to you in doing that. If he's late in serving his SS, and ends up not serving one, that simply means the court won't look at any of his allegations.

Quandary2018 · 21/07/2018 14:07

He didn’t serve mine as it was supposed to be a mutual exchange on the deadline day and given they weren’t responding to requests to send theirs he decided to hold off as long as he dared to as he didn’t want them seeing mine before sending theirs.

Basically throughout the case every deadline has been missed, bundles have not been prepared, they’ve waited to see my position statements before filing his and his always ends up as just being a response to mine. He’s the applicant so his solicitor is managing the case but near enough every hearing we’ve had nothings been completed by them in advance like they’re supposed to.

There is also a high chance that his allegations and mine overlap so my solicitor didn’t want them seeing my take on events before having theirs prepared

If it gets adjourned I’ll have to plead to the good nature of my childcare providers and hope they will transfer to another date although for one of them I know for certain they’ll charge me for that

OP posts:
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