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

final hearing: late statements and CAFCASS query

  • 5050father
  • 5050father's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Jan 13 #376570 by 5050father
Topic started by 5050father
Hello

I am a father who has his children half the time. I have an imminent final hearing because the mother of my children wants them more. The CAFCASS report is in my favour and we had been doing a 5050 routine for over 12 months. I am self rep.

Two questions
1. She has not yet filed any statements despite the hearing being a few days away. I filed mine on time. They have legal advice so know what they are doing. So what is going on?

2. What would persuade a judge to go against CAFCASS recommendations and the status quo?


Thanks in advance!

  • Stokemeaclipper_says_bye
  • Stokemeaclipper_says_bye's Avatar
  • User is blocked
  • User is blocked
More
28 Jan 13 #376580 by Stokemeaclipper_says_bye
Reply from Stokemeaclipper_says_bye
Bye

  • 5050father
  • 5050father's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Jan 13 #376588 by 5050father
Reply from 5050father
She jsut believes the kids should be with her more TBH. THe usual arguments that woman puts forward - that she was a stay at home mum when they were younger, that it effects my ability to earn lots of money, that the kids are unsettled, that they need a base, that I have friends she doesn''t like, my (rented) flat is too small.. all of which is either untrue/irrelevant/easy to change.

Just wonder with CAFCASS behind me and the pattern in place for over a year plus nothing ''dodgy/criminal/health related on my side, how could she possibly ''win'' (which is a terrible term given the situation but thats for another day...)

As a self rep I a just worried about being blind-sided by something

  • Stokemeaclipper_says_bye
  • Stokemeaclipper_says_bye's Avatar
  • User is blocked
  • User is blocked
More
28 Jan 13 #376602 by Stokemeaclipper_says_bye
Reply from Stokemeaclipper_says_bye
Bye

  • Butnotnow
  • Butnotnow's Avatar
  • Platinum Member
  • Platinum Member
More
28 Jan 13 #376603 by Butnotnow
Reply from Butnotnow
No statements just a few days before a hearing, now that sounds familiar. Sadly it is a well know trick that these ''Experts'' do when dealing with LIP''s (self rep) It might be worth thinking about requesting the hearing is reappointed if they give you the statement on the day (I had that more than once, or they amended it for the worse on the day) and it''s a bad one. Not sure the exact term but it is clear you will not be in any position to respond to the contents of the statement.

It is disgusting the so called trained professionals can get away with this and sadly in my case a Judge ignored my concerns despite it happening a few times. I would have been roasted if I missed a date as it was ordered by the Judge at the Directions hearing when statements should be served.

Another classic trick is them not willing to do a joint handover (I''ve had all the excuses) of statements, I sent a copy to the court on time but I would not send mine to Ex''s solicitor until they either sent me a copy first or a joint handover (I could not alter my statement as I had already filed it with the court so they were protected there)

Good luck & don''t let them wind you up on the day... they will try their very best :-(

BNN

  • alldone69
  • alldone69's Avatar
  • Elite Member
  • Elite Member
More
28 Jan 13 #376606 by alldone69
Reply from alldone69
I too am self repping, i sent copy straight to the courts on time, then i received a copy form his solicitors asking me if i was ready to exchange statement. i replied by letter to them indiacating i had sent copy to courts and also enclosed copy for them . i also put on letter i look forward to your clients copy. Did i do the right thing? am so nervous about all this x

  • 5050father
  • 5050father's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Jan 13 #376609 by 5050father
Reply from 5050father
Thanks for your responses!

Initially she requested residence but has since accepted shared residence - including at the second hearing.

NB I guess she can go back to asking for it again? I am just arguing things should stay as they are. Will she be on record as accepting shared from the previous hearing? My concern is she has threatened to move a couple of times, and not allowed contact a couple of times.

She is just determined that the pattern should be changed despite everybody being settled into it, and that she should have more time with the children (all of whom are 5 yrs +)

Didn''t realise the issue with statements was so commonplace. They are literally using every trick in the book.

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 Order £259

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.