Ex failed to comply with draft order - Questionnaire

[Richie1989]

Hi all,

My ex just can’t help herself! After loads of issues with CAO she is now playing silly buggers with financial proceedings. Can anybody offer some advice?

Me ex requested to vacate first hearing. We agreed as both got legal representative and new what next steps were. The condition being thought that we would only vacate on agreeing on a draft order. So my solicitor drafted it and they agreed if. Judge was happy and the hearing was vacated.

It was agreed that we would exchange questionnaire regarding some financial details a week ago! And also file with court. We have done our bit but my ex hasn’t and her solicitor isn’t responding. Anybody been in this situation and what was the outcome moving forward?

They have appealed my legal aid (domestic abuse) and it’s fell on deaf ears so I am guessing they are retaliating to this. Anyway, any thoughts?

Thanks in advance

 

[Ash]

I can't help much with this but I'm sure others can!

 

[Femto]

Yes! My ex's solicitor missed several court ordered deadlines during my financial proceedings, including serious ones like submitting offers 1 week before hearing - they submitted it on the morning at the court.

Ultimately nothing came of it - it didn't even get the judge's attention, they just want to get on with the case. I gather that it is very common for deadlines to get missed in the family court system.

What you've described won't make a material difference to the process, and it may even be an intentional negotiating tactic to rile you - don't rise to it!!

 

[Dad100789]

Not the same situation but of a similar vein, my exes solicitor regularly complains to the court that I’m submitting statements that I don’t have permission to (I actually did have permission), yet at the same time they’re submitting statements they don’t have permission for and not complying with court directions re statements to be no longer than 3 or 4 pages yet they’re submitting statements that are 40 or 50 pages long… the judges just ignore their complaints of no permission etc. In return I just say nothing.
Be the bigger person, don’t rise to it. Stick to court directions etc. The judges aren’t daft, they’ve seen it countless times before.

 

[Richie1989]

Thanks fellas,

Yes I think it’s tactical! However, I did think that solicitors main duty to to the courts have have specific compliances in place. One being to make sure they comply with draft border deadlines. My solicitor told me that if they just ignore and just I don’t bother submitting it, it puts their solicitor in a tricky position and they would have to end the relationship with their client. Their solicitor has been pretty aggressive in approach from day one and still now plays the keyboard warrior role and tries to get me to respond to passive threats. So it will be interesting how it all unfolds over the next two weeks.
My guess is they will leave it last minute so they can claim they didn’t have time to answer the questions so inevitably delay the process. Bit surely they are just delaying the inevitable.

I won’t rise to it as I am not dependent on the outcome. I have already won the battle by getting the CAO my daughter deserved and getting the courts to acknowledge I was a victim of abuse during that process. So I can just sot back and watch it unfold.

I do find it odd though that these people can keep lying, make things hard work, antagonise, power plays all the stuff these type of people do and it all goes unpunished.

I suppose like you mentioned the judges are not daft and know what they are doing. There isn’t punishment but maybe persuades outcome as they know exactly what type of people these are.

With the courts already acknowledging the domestic abuse and me going through proceedings under the domestic abuse act then surely the tactics they have employed for financial proceedings just back up that and now shows financial coercion .

Any thoughts on these thoughts and comments? What was your outcomes after your exes did similar?

Thanks again