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Can we find out if a LTR has been filed?

  • Chained
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24 Jul 12 #345065 by Chained
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Hi all again.

This is a bit urgent so, please, advise as soon as possible.

We were told by my partner''s ex that she will apply for a leave to Remove regarding their two young children.

We e-mailed our solicitor when we found out about this and we received an e-mail back from her today that she is on anual leave.

Anyway... what we want to know is if and how can we find out that a Leave to Remove regarding his children has been made to court.

If anyone can help us with this we will be grateful, as right now we do not know what to do.

Thanks in advance,

C.

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24 Jul 12 #345069 by u6c00
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Phone the court or go to the court office in person.

Leave to remove applications are made by requesting a Specific Issue Order on form C100. The court office may be able to tell you if one has been filed.

Most courts will not provide answers about paperwork that has been filed in the last 10 days, so you may not have any luck.

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24 Jul 12 #345070 by Chained
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Thank you very much.

If we find a solicitor that is willing to make this phone call, can they request and receive this information?

Or maybe phone the CAFCASS officer responsible for our case? He was very interested in finding out when he interviewed my partner but that was BEFORE she mentioned about a LTR.


Best, C.

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24 Jul 12 #345074 by u6c00
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To the best of my knowledge a solicitor won''t be able to do anything that you can. In this you are better off doing it yourself as it will cost nothing. Save the money for representation.

The normal process is that the other party would apply for the SIO. The court would examine this and send the application back to the applicant with a notice of proceedings and a list of questions.

The applicant then needs to serve you with the notice of proceedings, questionnaire and copy of the application.

The normal court turnaround for something like that has been about 2-3 weeks in my dealings with them.

I wouldn''t expect Cafcass to be able to help you where the court can''t. Cafcass will undoubtedly be involved in a LTR application but I don''t think they will be able to tell you anything that the court can''t.

I once asked Cafcass what date we were next in court, they told me they couldn''t disclose that information and to check my order. I was only speaking to the call centre there though so you might have a different experience.

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24 Jul 12 #345079 by Chained
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Thank you so much.

This means actually that if she filed it last Thursday we won''t know before the Contact order hearing in August anyway.

The stress is unbearable!!

Best, C.

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