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Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

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Original poster

Court

14 replies

octobersunshine · 13/10/2020 10:44

My ex is taking to court for the third time in two years. This time, it's because he says he didn't receive school documents that I posted to him over lockdown. Rather than tell me he hadn't received them, he applied to court. This was in June and the case is being heard next week.

I submitted a statement to the court along with medical evidence from my GP detailing the decline in my mental health and asking the court to dismiss proceedings. I have now received a very arsey response from the Judge stating that I am not following due process and quoting all kinds of Practice Directions at me that I don't understand because I don't have legal representation.

I just don't know what to do anymore. I had hoped that the GP's letter would carry some weight but I feel like I've just disadvantaged myself before I've even got to the hearing. It makes me really upset that the court waives through applications where there is a long history of vexatious legal proceedings, with zero regard for the impact of this on a person's life.

OP posts:

Pinkyxx · 13/10/2020 18:55

Have you provided the documents since? If so not sure what the point of the hearing is.

What type of application he has made?

Original poster

octobersunshine · 14/10/2020 09:11

Yes, I re-sent the documents as soon as I received the court papers. I honestly believe that he received them the first time because I just can't understand why someone would go straight to court rather than send a text or phone me to say they haven't received them.

OP posts:

Original poster

octobersunshine · 14/10/2020 09:12

It's an enforcement application

OP posts:

Hesfamousforit · 14/10/2020 09:41

Can I ask why you haven't got a solicitor?

Sunnydaysstillhere · 14/10/2020 09:45

School are legally obliged to update both dps of anything related to the dc...
Why did you have to be responsible for it?

ZeroFuchsGiven · 14/10/2020 09:47

He should be asking the school for the documents, it is not Your responsibility to provide them.

Original poster

octobersunshine · 14/10/2020 09:57

Thanks. He wasn't at school. I was moving house and required to send a copy of the application for a reception place I made to the local authority. Which I did obviously, but he is claiming he didn't receive it.

I don't have a solicitor because we're two years down the line of legal proceedings and I've spent upwards of 15k and I am stoney broke.

OP posts:

Hesfamousforit · 14/10/2020 10:03

I take it you're not entitled to legal aid? He's probably going straight to court because he knows you don't have legal representation.

Original poster

octobersunshine · 14/10/2020 10:10

I just don't know what this will achieve. Son has obviously started reception place and ex picks him up and drops him at school once a week. I just feel this court hearing is just another way to break rather than actually being for a discernible purpose. He has put in an application to seek costs against me too. Even if he didn't receive them (and I suspect he did), documents were posted to him mid April at the height of lockdown when services were so disrupted

OP posts:

ZeroFuchsGiven · 14/10/2020 10:12

I'm surprised the courts are even entertaining this tbh, Are You sure this is all he has said on the court papers?

Pinkyxx · 14/10/2020 10:27

I'm pretty sure an enforcement order is to compel you to compel with a prior order (i.e. child arrangement order).

Since you already sent the documents, seems like a non-issue and I suspect the court will throw it out if you can prove having sent the doc's. If you can't prove sending, then in future send anything registered post so you have proof of delivery.

He sounds like a real piece of work... suggest you try and get legal aid as it's really hard to self represent in cases like this. He's clearly doing this to be difficult.

mytimeonline · 14/10/2020 10:40

Are you able to get legal aid?
I suggest anything is sent via email for this sole purpose.-make this a agreement at the hearing.
Try look at court not as a threat but a no nonsense middle ground place to sort and prevent issues
I suggest write out and know your facts is what is important not your mental health I would imagine
Hold yourself well.
Good luck.

ZeroFuchsGiven · 14/10/2020 11:03

Legal aid is no longer available for Child arrangement orders. Only under certain circumstances i.e. domestic abuse.

FatherB · 14/10/2020 12:43

It's my understanding that he is entitled to be involved in the discussion for school places, not just informed of the application. So I would guess that's the route he's going to take, without knowing the full story.

It's probably a case of him saying he wasn't involved or informed and you excluded him from the whole process.

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