Applicant doesn't have S7 report (!?)

[Fellowshipper]

Hey all,

Received my other half's position statement pending new hearing, the other day via her solicitor, where it's come to my knowledge she hasn't yet received the S7 report from CAFCASS!

it didn't take me a minute to think immediately this might be one of those crappy little games gutter tier legal aid firms play, which you peeps often shed a light on here. But it does strike me as total nonsense she has not received the all important report by now.

Anyone here able to predict whether this is indeed game tactic waiting for me to show my cards first via my own position statement, or is there some straight incompetence at play or what?

 

[Fellowshipper]

Bump. Apologies for distracting and probably irrelevant use of exclamation marks above, but if anyone knows the answer to the above question (at least through experience), it will be greatly appreciated. Thank you.

 

[Ash]

She's probably lying. You could send her a copy

 

[Fellowshipper]

She's probably lying. You could send her a copy

I was thinking to do that. What's the point of this solicitor's tactic though?

 

[Ash]

Delay usually. If she has a solicitor you could just send them a copy How long before the hearing? You could do another short position statement just before the hearing saying you have ensured the applicant's solicitor has a copy of the Section 7 report and see no reason for this to cause delays.

 

[Fellowshipper]

Delay usually. If she has a solicitor you could just send them a copy How long before the hearing? You could do another short position statement just before the hearing saying you have ensured the applicant's solicitor has a copy of the Section 7 report and see no reason for this to cause delays.

The hearing is very soon. I do not believe another position statement will be received from now until then because it was mentioned in the minutes of the order of the previous hearing that there is a specific date and time for the next position statement to be submitted. The deadline has passed now.

By the way in this context where the deadline for position statement has passed, how would delay benefit the other side? Does that mean I'm going to go to court again and leave empty-handed as usual?

 

[Ash]

If a position statement has been ordered to be submitted by a certain date and time (presumably for both of you?) then that's what you do. However you can still submit another brief position statement just before the hearing. You can do that for any hearing.

I would assume she would try and get the hearing adjourned (hence causing delay) by saying she hasn't seen the S7. When did you get it? As I say maybe you could just email her solicitor a copy then she has no excuse. If the position statement ordered was to comment on the S7 then she can do another one.

 

[Fellowshipper]

If a position statement has been ordered to be submitted by a certain date and time (presumably for both of you?) then that's what you do. However you can still submit another brief position statement just before the hearing. You can do that for any hearing.

I would assume she would try and get the hearing adjourned (hence causing delay) by saying she hasn't seen the S7. When did you get it? As I say maybe you could just email her solicitor a copy then she has no excuse. If the position statement ordered was to comment on the S7 then she can do another one.

Okay, didn't know I could do that. Thanks.
I sent it to them along with my statement already, anyway.

 

[Fellowshipper]

If a position statement has been ordered to be submitted by a certain date and time (presumably for both of you?) then that's what you do. However you can still submit another brief position statement just before the hearing. You can do that for any hearing.

I would assume she would try and get the hearing adjourned (hence causing delay) by saying she hasn't seen the S7. When did you get it? As I say maybe you could just email her solicitor a copy then she has no excuse. If the position statement ordered was to comment on the S7 then she can do another one.

I sent it out last week as I stated here, today I got a revised PS from her legal aider. As predicted, she doesn't want to restore communication even via an app, and insists on continued use of third party intermediaries.

What do you or anyone else who has previous
experience think the judge will decide on this matter specifically, considering I have abided by all police and court orders to date, without fail, plus have NFA from the police and especially a favourable S7 appraisal?