Family court fact finding hearing

[yosemite78]

hi, I need some advice on a fact finding hearing listed for end of August. At a directions hearing back in march, I was ordered to submit my Scott schedule and statement of evidence within 3 weeks. Applicant (the father) was supposed to respond and either admit or deny the allegations 3 weeks after receiving Scott schedule. I am still waiting for this! He is legally represented and I am not. Neither he nor his solicitor have requested extra time as I have called the court several times. Can I ask for it to be vacated based on fact he hasn’t even bother to comply with order when it was his application in the first place? What can I do? I do not w ant to pay for a barrister if he doesn’t even bother to turn up for the days hearing? I feel this is still all about control as I have been on edge for weeks and weeks waiting for his response. Surely he shouldn’t be allowed to turn up on the day of hearing and just deny allegations and submit evidence. Many thanks for any advice given. I really do not know who or where to turn...

Write to the court setting out what you have put in this post. Say you are very concerned about your costs being wasted, and the possibility that you would be prejudiced by his response coming in so late (if it does). Copy his solicitors in to this letter, and put them on notice that if costs are wasted you will seek a wasted costs order, but say also that you will object to his response being filed so late, and invite the court to make a finding that all of your allegations are accepted by him.

Thank you collaborate. I appreciate your advice. I am on the verge of a complete breakdown. I’ve been waiting for his response since the end of May, constantly on edge. Today I received an email from his solicitor saying his clients statement will be sent to me “in due course”! How can it be fair that he can ignore the court order and send it days before a hearing. I haven’t even got legal representation as I don’t qualify for legal aid and by him not responding when he should have I assumed, or rather hoped, he walked away after seeing the evidence against him. I forgot he is a narcissistic personality tho and people like him cannot ever admit they are wrong! Will he get away with filing statement so late? It’s just not fair, I could cry. I feel it’s all about control and inflicting as much pain on me as possible. Surely his solicitor should have complied with the original order to submit his clients response and statement as per order? How do I invite the court to make findings not accept his statement ? Thank you

Well you could complete a C2 (assuming this is a children case) and issue that seeking a direction, but it's so close now, and you're unrepresented, so I would just put it in your Position statement.

The reality is he will probably get away with it if he gets it in before the hearing, but it might get the judge to give them a bad time.

Thank you mrsBertBibby. Yes it’s a children’s case. The hearing is a ffh and I’ve not been asked to do a position statement. Surely there should be repercussions for filing it last min?! Solicitor reckons they’re still waiting for children’s services report but that as requested back in March! Surely they would have chased it up by or at least applied for an extension as I did. It cost me £50 to get an extra couple of weeks as I was waiting for my child’s health records. Wish I’d just sent it late now and put the money towards a barrister. I find the whole system so unfair. All I ever wanted to be was a good parent but I’ve spent the last 5 years trying to get the
Likes of Cafcass and family court to see what a monster my child’s father is. It’s not only robbed me of my quality of life (I’m now suffering with stress related health problems, fibromyalgia) but I can’t do all I want to with my child as I have chronic fatigue. It’s all down to 5 years of shear hell, in and out of court etc, police incompetence and corruption (child’s father sacked DI). Sometimes wonder how much more I can take, as trying to be strong is hard x

I’ve not been asked to do a position statement.

Don't let that stop you!

It's bloody outrageous that they haven't complied in time.

Ok, thanks, I will try and write one but so hard as it’s school holidays and will probably struggle for time. (Bad timing) I Plan on phoning children’s services tomorrow to find out if they sent their report, or, if as I suspect, his solicitor is lying and blaming them for not filing his response yet. Children’s services were ordered to send it back in March so it seems odd that his solicitor is only just chasing it up now... arghh . If I had a solicitor myself it probable would have cost me hundreds keep chasing them up etc. I asked his solicitor two months ago about his clients response and he ignored me. He could have replied and told me the delay was down to children’s services not sending report. It’s all a bit suspicious and just not fair. Sorry to rant

Does anyone know anything about the pro bono barrister service? Is it very hard to get one?

I have a lot of independent evidence to prove the allegations made, statement from safeguarding officer at school where my child made disclosures, statement from social worker, health visitor records, but no police disclosure. Police messed investigation up, delays etc due to fact dad used to work for the force and it was passed from pillar to post. Maybe if there weren’t these delays there would have been a disclosure, who knows... feel let down, eventually received an apology from Derbyshire police after complaint upheld by Ipcc but means nothing.