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submitting petition.

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colin_sparks
Posted by
Junior Member

15 Jul 08 #33064 by colin_sparks

Topic started by colin_sparks

If i submit a petition and she does also on the same day at different courts (as we haven't been in contact), what happens?

do the courts check with each other?

will the first one to be processed be the one they use?

any ideas?

cheers.

D L
User is blocked

15 Jul 08 #33103 by D L

Reply from D L

Hi there

The courts do not communicate with each other, so if you file at X County Court and she files at Y then neither court will know about the other.

You would then have two petitions in existance which is not something that can procedurally continue. So the later one would be stayed while the first proceeded.

To ascertain which is first in time, they would check the date issued stamp (the date of issuing is not the same as the date of receipt in many courts). If these are the same there is likely to be a hearing where the judge will invite you to be pragmatic and agree which one should go forward. If you cannot agree he would decide which was the primary petition and which should be the cross petition. Very messy!

Amanda

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