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Not complying with directions etc

  • u6c00
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15 Oct 12 #361127 by u6c00
Topic started by u6c00
Background:

Me and ex are required to file and serve (each other and CAFCASS) full medical records by today. Statements are due to be filed and served in one week, CAFCASS report is due to be done in 3 weeks but as yet no CAFCASS officer has been assigned to the case and the officer who did the first report has left CAFCASS.

I have filed them with the court but not yet served to CAFCASS as I''m unwilling to just send my medical records to a CAFCASS office and hope that they reach the right person.

I''ve also posted them through ex''s letter box and signed an affidavit of service, though I don''t expect her to be at the house to collect post for a further 9 days.

My ex wrote an email to me last week saying that she was only in possession of 5 years worth of medical records (despite Directions that we would need to file our FULL medical records being made 3 months ago... at her insistance!). She says that as she has changed GP surgery her records are in transit and therefore inaccessible. She sought my consent to file at a later date. I said that I agreed under the circumstances but asked her to provide me with the 5 years that she is in possession of so that there need not be a delay in filing statements next week. She did not reply.

So today came and went, no medical records appeared through my door or into my email inbox.

Anyone able to tell me what to do now? There are elements of her records which I intended to rely upon in my statement.
Do I delay in filing my statement if the records don''t appear by then?
Should I put a paragraph in my statement that as ex has not provided the required evidence that I seek to file an addendum statement when the evidence is provided?
Do I write to the judge and ask for further directions as ex has not complied?

Obviously I don''t want to delay filing statements meaning that CAFCASS have nothing to work on for their report.

Also, as we are supposed to file our statements at the same time, I would rather not give my ex my statement only to have her delay in filing hers and using the time to respond to my statement before filing hers late. How would solicitors normally handle this issue? I am happy to file my statement with the court and CAFCASS on time but I don''t want to provide it to my ex if she hasn''t also filed hers for the reasons above.

Both of us are LIP at the moment but I expect to be represented by a legal aid solicitor by the end of the week.

  • u6c00
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16 Oct 12 #361259 by u6c00
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Another day, no records through the post.

  • TBagpuss
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17 Oct 12 #361456 by TBagpuss
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I would sygegst sending her a further letter rquesting the available records. Inthe letter say something to the effect of:

- the order dated xx/xx/xx provided for medical records to be filed and served by [date]. On [date] you told bme that you had records for the past five years but that older records were in transit from your old GP and were not yet available. In my letter of [date] I requested that you serve the available records imediately but have not recieved them.
My records were served on you by personal delivery to your home on [date]. Please let me have your records for the past 5 years (which you indicated were available) by return, and let me have confirmation as to when I may expect to receive the older records.

send it to her and keep a copy - you can raie it with the court if it becomes an issue at a later stage.
So fr as your statement is concerned, i would be inclined to prepare the statement and to include a paragparh to say that the medical records were ordered, that they have not been received and that you will be seeking to file a supplemental statement if appropriate once they are available. It''s unusual to have disclosure of medical records so I assume that there was some specific reason they were disclosed.

If this is the case, deal with that issue in yourstatement as far as you can, but make clear where information is missing (e.g. say what happened (for instance, if she was taking medication or sufferingfrom a medical condition, which affected her ability to care for the children when you were together you can summerise what it was, and how it affected her care of them, then say why you are still concerned (assuming that you are) and that you have not seen the medical records so do not kow whether she still takes that medication / suffers from that condition)

Try to be as specific as possible not only about the particualr medical issue you now did exist, or are concerned may exist, but aslo about why, specifically, this is a concern in so far as the children are concerned,and, if appropriate, what specific safeguard or reassurance you would be looking for in connection with that issue.

So far as filing your statement is concerend I would recommend sending it to Court and to Cafcass on time, and writing to your ex at the same time to ay "I have filed my statement at court and are ready to exchange as soon as you are ready to do so"

However, even if you have not had a statement from her,I would recommend that you send her yours once a Cafcass reporter is appointed so that when Cafcass meet your ex, she has seen your statement.

Rememebr that statements are dated so the Judge will be able to see that yours was done before hers.

  • soulruler
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17 Oct 12 #361460 by soulruler
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Comply with Directions, you might not be willing to supply various information but it is a court order so comply.

Willing is always the best way forward in my view to progress collaborative law.

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