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Damm Judges!!!!!!!!

  • moggie1965
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12 years 11 months ago #6263 by moggie1965
Damm Judges!!!!!!!! was created by moggie1965
Sorry about this saga but can anybody advise.
I am the Petitioner in my divorce a marraige of only six months. ex2b cross petitions with a load of lies and even slander. Make several offers to proceed matters all of which are refused.
1st Judge makes order to exchange statements and witness documentation for a full hearing before a District Judge.
Ex2b's solicitors fail to make deadline on court order and apply for extension of time. She all of a sudden gets legal aid in the divorce proceedings only.
Go to court today regarding extension to time, new judge grants extension refuses me additional witnesses and then states it will not get past him to a District Judge and if I wish to appeal so be it. Adjourns for 28 days for us to reach agreement.
Have tried several proposals already and all have been rejected.
At my wits end now can he change the first Judges decision and surely I have the right to present my case.

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  • Sera
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12 years 11 months ago #6274 by Sera
Replied by Sera on topic Re:Damm Judges!!!!!!!!
Assuming she's the Petitioner?

Is this for Financial Resolution? / Occupation order?

There may be reasons for extensions. Mine was recently extended for a further 10 days because of Post strike and awaiting information.

If you're the Respondant, you do as the Judge directs. So if he says to add Statements, then put everything you want heard (and all facts pertaining to her lies) in the Statement.

You don't usually need Witnesses. However, if you want to rely on someone elses evidence, get them to write to you, or e-mail, and supply that as an 'Exhibit'.

Witnesses can be called to court to give evidence, which is a lot of waste of time, and loss of work, Police do not give evidence in Civil court, but will suplly reports and Statements if required.

You might get some more advise if you state the case, and what you're trying to prove.

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  • moggie1965
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12 years 11 months ago #6285 by moggie1965
Replied by moggie1965 on topic Re:Damm Judges!!!!!!!!
I am the Petitioner!
She crossed petitioned silly I know.

I will not let the divorce proceed on cross petitions due to her lies and involvement of my son.

Reasons given for extension was that they didn't have her legal aide certificate until 2 days after the first judge had ordered exchange of statements etc.

How can she get legal aid just to defend a divorce, not the finances?

Can a new judge stop this proceeding to a full hearing and on what grounds. The original judge listed the case for a hearing before a circuit judge.

Can judge demand and order a divorce on cross decrees if either party will not accept it, or are we still innocent in this country until proven guilty even in divorce.

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  • Tankerman
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12 years 11 months ago #7651 by Tankerman
Replied by Tankerman on topic Re:Damm Judges!!!!!!!!
Hi, I'm scared to death that my divorce goes to court because the courts in this country makes decisions without thinking what the consequences are on any person in a divorce hearing, I'm on benefits from having brain surgery and the xtb left me in May and now she wants the house sold and the judge will make an order that will make me homeless and the CSA will make deductions from my benefits for maintenance for our 14 year old son and that will make me destitute. I will go from a hard working man with a family to selling the Big Issue on the street.

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12 years 11 months ago #7656 by LittleMrMike
Replied by LittleMrMike on topic Re:Damm Judges!!!!!!!!
I know it is difficult, but try not to panic.

Without knowing too much about your respective financial circumstances, it is difficult to comment, but

(i) if you are on benefits your CSA should only be payable at the rate of £5 per week, unless this has recently changed.
(ii) one of the principal concerns of a court is to make sure that both parties have somewhere to live. In lower income cases this is very much a case of easier said than done, and it can often require very creative thinking, much more so than where there is lots of money.
(iii) What you say about brain surgery suggests to me the possibility that you might be classed as ' vulnerable ' for the purposes of homeless legislation. Vulnerability has been defined as some physical or mental handicap which makes it harder for such a person to identify and hold down accommodation when a person without the handicap would have no such difficulty. I would be inclined to consult a specialist housing advice centre a.s.a.p., preferably Shelter.
(iv) I would also advise you to go down to your local CAB to make an appointment to discuss the issue of what benefits you might get, particularly housing benefit and DLA. If you can get the latter - even for a period - it could help you quite a lot in getting back on your feet.
(v) It could also be worth discussing the matter with the Housing Department of your Local authority.

Good luck
Mike 100468

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12 years 11 months ago #7657 by LittleMrMike
Replied by LittleMrMike on topic Re:Damm Judges!!!!!!!!
Moggie 1985

I don't quite get it. You say you have been married six months. There is an absolute bar on petitioning within one year of the marriage.

Mike 100468

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  • Tankerman
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12 years 11 months ago #7681 by Tankerman
Replied by Tankerman on topic Re:Damm Judges!!!!!!!!
Hi, i think someone on this site will be able to give some advice to which way to go

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