Applicant has not sent his statement to the court

[PandaBearBear]

Hiya, hoping for some advice here as trying to contact the court directly is near impossible and the emails I am receiving from them are not much help.

My sons dad filed a court order in October, because he wants me to travel on the train with my children to drop DS to him every other weekend, rather than him drive and collect him.

His statement was due on 3rd March, and he has not submitted it (I have finally received confirmation from the court that they have also not received it). Initially when I phoned I was told the case was showing up as closed, but I've had an email today saying it is still listed for April.

My statement is due on the 24th, do I just go ahead and send one without having his to reply to? I was told I was being given 3 weeks to reply to his statement, but there isn't one. I've never done anything like this before so no idea what happens now?

Id really appreciate any advice

Thank you

Get a solicitor.

@PresentingPercy

Get a solicitor.

I was told by a solicitor that this would be straight forward and I wouldn't need a solicitor, do you feel its necessary?

Write to the Court to say you haven't had his statement, therefore can't file your own

Suggest the case is referred to the Judge for directions.

Copy him into the email.

Can you afford a solicitor? If you can, get one.

Unfortunately it’s not straightforward now.

Former personal injury solicitor here, so not a family one.

Does your former partner have a solicitor?

I would prepare your statement, noting in it that your former partner has not filed his. Ensure you complete what you are meant to do I.e cover in your statement what you were originally asked to by the court, presumably your side is that you do not want to travel by train, give your reasons why.

Ensure you file yours by the 24th.

Do a cover letter to the court advising you have complied with your obligation but you have not received your former partner's statement and ask the court to set further directions for the management of the matter.

You should also speak to a family law solicitor as advised previously the matter is no longer straightforward if one party has failed to comply with the order. Alternatively, give Citizens Advice Bureau a call.

Thanks so much for the advice.

He does not have a solicitor as far as I'm aware.

PS I am a family solicitor.

If I pay for a solicitor I will be using all of my savings, I'm recently widowed and could really do with having a little money to fall back on. But this is causing me so much stress it may be what I need to do.

You might like to consider instructing Counsel on a direct access basis? At an early stage in proceedings it can be cheaper than instructing a solicitor. Do you have a hearing date yet?