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Penal notice?

  • hattiedaw
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17 Jul 12 #343691 by hattiedaw
Topic started by hattiedaw
My solicitor on my barristers instructions has applied to court for a penal notice on my husband as he''s failed to produce documents he''s been asked for to complete the form E since last October! (namely 2 years accounts from his business and bank statements).
Anyway, husband was given a weeks notice to produce them and on the final day gave solicitor HAND WRITTEN accounts!!! Written by himself!!
Surely a judge would laugh these out of court? There is nothing to back up that they''re true!
So, today there is a hearing about this penal notice which I have to attend.
I''m not sure WHY I have to attend, surely it''s my husband who has to answer to the judge about this, not me??
Also, is a penal notice actually any good. I know I sound hardened but my husband has been sly and sneaky all through the AR proceedings and I would like to see him jailed for not conforming as he does think he''s superior to everyone.
What will happen at court?
Many thanks in advance.

  • QPRanger
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17 Jul 12 #343692 by QPRanger
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Hi I can''t answer your questions but I would be very interested to hear how it goes as I am likely to have to apply to the courts for the same thing as my stbx has breached the final court order in a number of ways.
Sadly I think a serious threat of arrest and prison may be the only way to get some people to co-operate.
Best of luck today.

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17 Jul 12 #343695 by dukey
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Are penal notices any good, it seems to vary quite a bit, quite a few fail because the notice was not served!.

What is the name of the hearing? is it Directions or a committal hearing, if committal then it can be very serious, that said very few end up in prison, often the outcome is a suspended sentence pending compliance.

Hand written accounts are worthless and will not be accepted.

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17 Jul 12 #343700 by hattiedaw
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I not sure what kind of notice it is, I just had a call from my solicitor saying I had to be in court about it at 3pm today.
I guessed handwritten accounts wouldn''t be accepted. He has done them himself to make him look poverty stricken.
What happens today if ex doesnt show up? I wouldnt put it past him not to.

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17 Jul 12 #343702 by dukey
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Its hard to say not actually knowing what hearing this is.

If its Directions then it will be adjourned, could be costs, if its committal then he could be arrested and taken to court.

Call your solicitor and ask what this hearing actually is.

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17 Jul 12 #343773 by hattiedaw
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It''s Directions.
Does this mean the FH will be adjourned next week?
This seems so unfair as I''ve waited 2 years to get here.
I just want it over with, I''m living on a knife edge.

  • shimmyaway
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27 Feb 13 #381514 by shimmyaway
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its desperately sad that it has to get to this point. I started divorce proceedings in Sept 2011. My stbx has pulled every trick out of the bag including blatent and foolish lies on his form E and to his soclitior/barrister. I know there''s two sides to every story but he has contradicted himself so obviously, even in writing so naturally, following FDR, my barrister has asked questions relating to those statements (and other things).

Hardly surprising therefore that he has avoided answering the questions but it is now getting to the point where he can''t keep avoiding it. Directions were made by the judge at FDR in October. He wasn''t even present, he left before we went in front of the judge thus rendering the negotiation hearing useless. We should have been allowed costs but as we had had to wait so many hours, the judge ''let him off''!

We had a court order to produce documents by 22nd november including supplemental questions. All of mine were filed and served on time (as usual) - we have still had nothing from him. We have chased and threatened a penal sentence and that has now been attached to the order on the ''slip'' rule (not sure what that is).

I''m really torn about it. I have no desire to send him to prison but these things seem to be the only tools the court have available to ensure compliance. I keep trying to tell myself its not my decision, its the courts but its very difficult.

I think it would be far more effective if the law had sort of non completion penalties like the building trade, ie if documents are not in on time, without a genuine excuse you''re fined - and there is no way that is coming out of the pot - it is your own inidivudl fine. If you can''t pay it - you go to prison!

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