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1st hearing...delay tactics??

  • Busy Mum
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18 May 09 #117499 by Busy Mum
Topic started by Busy Mum
Thanks for any replies in advance.

Will try to be brief:
My ex partner requested additional contact by solicitor. I replied with concerns to the timing of the proposed contact. Also stated that ex had declined additional contact recently and wouldnt communicate, but that i was open to increased contact.

Expecting further negotiation with the solicitor i then had a reply saying my ex was applying straight away for a defined contact order. I replied i would contact a solicitor.

On friday i received a pack from CAFCASS stating their role and that the hearing was on 27 May, hadn't received anything from the court. I made an appointment with a solicitor.

I saw my solicitor today, proposed the contact which would work better, as i have other siblings to consider aswell.
He was shocked that this was going straight to court, feels that cafcass and the judge wouldn't be impressed. Is going to write to the other solicitor with my proposals.

I then phoned the court this afternoon...they said the papers were sent to my ex's solicitor on 11 may and i should have been served them. I phoned ex's solicitor, secretary said she emailed me on 14 May, never received anything.
She emailed me again following the phone call, which stated the court date and time. Asked for solicitors name so they could send court papers or would post to me.

I am now worrying that by the time my solicitor writes to them and they forward him the court papers we will already be in court.
What are the papers to be served?
What do they contain?
Are there some delay tactics going on?

Wondering if i should be getting involved now to make sure the papers are passed on a.s.a.p or should i leave it to my solicitor to proceed with his letter.

Any information is welcome
Thank You.

  • ClimbMountains
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18 May 09 #117504 by ClimbMountains
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When I've made applications I've had to have the papers properly served on ex. Email certainly doesn't count (whether or not it arrived) as far as I know. I would say that you have not been properly served. However, I doubt it makes little difference.

Nothing happens at the first hearing anyway unless you agree to it. You may see cafcass but there is no preparation to that anyway (except getting your proposals and position clear).

The application will contain details of what order is being sought and reasons. However, if the application goes the distance all that will probably be replaced by statements, etc.

If you act in person expect solicitors on the other side to play silly games. Get help her whether they are justified. Ignore their bullying and games. They will try not to do anything that becomes visible to the court. Don't get stressed by the games.

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18 May 09 #117508 by Elle
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Hi Busymum,

IME, persons acting on your behalf pick up the file on the way to Court. This is not intended to upset you, more to prepare you. No one will ever give the compassion/attention you yourself will. IMHO gather as much info and knowledge as you can to help yourself...as no one else appears to. I wish you well.

Elle x

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18 May 09 #117540 by Busy Mum
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Many Thanks for both replys.

I chose to reply to the initial solicitors myself, due to cost...but as its now going to court i have in place representation.

I shall contact ex's solicitor tomorrow and inform them of my solicitor and ask for court papers to be sent to him immediately.

Even though i was informed this was a defined contact order they were obtaining....could they have changed it? does it contain a personal statement from my ex or is it just a formality at this stage?

I have to attend court earlier than court time to speak to CAFCASS, but understand this is just to obtain both sides. As i said earlier i am not opposing anything just want to change a day for contact due to other siblings.

This could of been sorted without all the expense of courts, solicitors etc........why can some people not communicate!!!!

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18 May 09 #117543 by ClimbMountains
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once you have appointed solicitors you should not directly contact your ex's solicitors. They should not talk to you directly even if you do. You solicitors should request the papers from them.

The will not be any statements at this stage. Court would be critical of them if they did that. The first hearing defines what needs to happen.

Don't expect anything to happen at the hearing time. Expect a lot of sitting around and waiting with bits of discussion and negotiation to see whether a solution can be agreed by consent. Definitely don't expect to be before the Judge at the time stated for the hearing, out 10 minutes later and home for tea and cakes.

You say "As i said earlier i am not opposing anything just want to change a day for contact due to other siblings" but I thought this was your ex's application so it isn't you wanting to change arrangements?

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18 May 09 #117548 by Busy Mum
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Didn't expect such a quick reply thank you.

Thank you for the point of not contacting my ex's solicitor....i shall contact my own and let him know that the court papers are with my ex's solicitor.

With re: to changing contact day......my ex asked for additional contact on the sunday to all day from what he'd previously arranged. I responded that i had concerns with all day sunday access as the afternoon is my only time to see all children together.....older children are with their father fri to sun aft every week.

Didn't really have an alternative in mind at time of response (obviously feel pressured to answer when your given 7 days to respond).....in the mean time i thought changing sun to sat would be better, then all children are with respective fathers together on sats which left sundays for my family time.....unfortunately my ex's solicitor has gone straight for court rather than discussion or mediation.

My solicitor seems to think this shouldn't be in court, but obviously things have moved so fast it will probably end up there.

But obviously i dont know what my ex is going for apart from a defined contact order for additional sunday access which he originally requested through his solicitor.....unless he could have changed this without telling me until i get the court papers?

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18 May 09 #117551 by ClimbMountains
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court application should give details of the order sought.

you have good reasons to support your views and need to be clear that your not opposing contact. You have things to do so having Sat to do all your stuff and then Sun for kids is logical. Also kids should have an opportunity to have time all together.

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