A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Leave to remove - respondant statement inaccurate

  • chantelle73
  • chantelle73's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Mar 10 #194990 by chantelle73
Topic started by chantelle73
Hi,

I have received my ex partner's response to my statement in reference to my leave to remove and it includes lots of inaccuracies, mixed up dates,etc..The result is that it paints me as someone influencable, naive, and impulsive, and him as a victim.

Should I answer to those by written before the final judgement or wait and discuss them orally on the day?

He mentions that things are missing to my file (School director place confirmation- not translated to english.., no statement from my family).

Should I add all those now?
Please advise.
Thanks in advance

Chantelle

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
More
30 Mar 10 #195172 by TBagpuss
Reply from TBagpuss
re: missing documents etc. I would get these, and ensure that they are properly translated etc and provide them to him so that he cannot say they were dropped on him at the last minute.

Strictly speaking, you should not file extra statements or documents without the court's permission but in practice if they are documents which simply weren't ready I sugegst that you do send copies to court with a covering letter making it clear that they were ot available when you filed your statement and that you have provided copies to your ex.

The alleations which he makes would normally be dealt with at court, although you may want to prepare a skeleton argumanet or case summary highlighting those which are disputed, in preparation for the hearing.

If you have a solicitor discuss with her the best way to deal with this. if there are a lot of new documents you want to introduce (e.g. extra documetns evidenceing the mixed up dates) then it may be worth writing to court to ask permission to file a further statement limited to the factual issues raised.

  • chantelle73
  • chantelle73's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Mar 10 #195193 by chantelle73
Reply from chantelle73
Thanks for your answer. That's very helpful.
Ex is making accusations and creating a profile of me without absolutely no proofs or exemples...but it makes an effect even though..

I could add emails showing my cooperation,statement from my parents confirming their support ( originally a lawyer advised me it will be of no value as they are my parents.. )
He also said there was no proof of my partner owning the house we are going to move to ( we have property deeds available)and no internal pics of the house ( we can also have those).

Can we just bring those proofs on the judgement day? can I ask my mother to come to the judgement as a witness even without a statement from her?

Thanks in advance
Chantelle

  • nbm1708
  • nbm1708's Avatar
  • Platinum Member
  • Platinum Member
More
30 Mar 10 #195218 by nbm1708
Reply from nbm1708
And have you put in how you would see contact between father and children working? What is practicle and what steps you are going to put in place to make it workable?

T

  • chantelle73
  • chantelle73's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Mar 10 #195249 by chantelle73
Reply from chantelle73
Yes, I have proposed contact by phone, skype, webcam, and then minimum half of school holidays (which occur approx every 6-8 weeks).
flights are 1h30 away from London and location surrounded by 3 airports with 1 flight a day minimum), several airline companies. I proposed to bring her to London and he could bring her back to France.prices are from 60£ return, but he objected taking the most expensive option.

His other argument is that the closest airport is at least 1h30 from the house ( not true, 1h) and that ryanair lines ( 1 of the options ) are subject to disappear. So no practical.

  • Angelheart1962
  • Angelheart1962's Avatar
  • Premium Member
  • Premium Member
More
30 Mar 10 #195307 by Angelheart1962
Reply from Angelheart1962
Hi Chantelle, I had a final hearing last week in a LTR case (judgement next Tues) and can only say that AS MUCH documentation as you can bring is helpful. Obviously it helps if it is submitted before the hearing, but if you cant do that, give it to your solicitor as soon as you can, or even to your barrister on the day.
My mother wrote a statement in support of my application, and was a witness in court, and the judge was fine with that.
You have to be prepared for your ex and his barrister to try to paint you in as bad a light as they can - thats what happened to me - but your barrister will also be doing the same to your ex.
Basically, as everyone on here will tell you, preparation is the key. School, accommodation, health provision and contact are the things it is vital you have found out about.
Good luck x

  • chantelle73
  • chantelle73's Avatar Posted by
  • Junior Member
  • Junior Member
More
09 Apr 10 #197170 by chantelle73
Reply from chantelle73
Hi Angelheart,
Did you get the verdict?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.