Importance of statements on time?

[NotGivingUp]

My ex partner was supposed to submit a statement for a 2nd hearing following a enforcement order breach which was late on receipt to myself and the court.

There was now due another statement (for a final hearing) that has now passed the timeframe for receiving this. I didn't make a point the first time around about the first time it was late to the court, but its now happened the second time around.

What's the courts view on this? Equally the longer it takes to receive this on my end, the lesser of time I get to provide a reply statement and be prepared myself (especially as I represent myself and don't have anyone of legality on my behalf).

 

[Resolute]

How many weeks before the hearing was she due to give you the statement?

How many weeks before the hearing are you due to give your reply?

EDIT
Another question.
Is it a position statement or a witness statement?

 

[NotGivingUp]

The first time I had to give mine just under 3 weeks prior to the 2nd hearing to the respondent and the court (because they managed to provide a very swift date) I then received the response statement on the morning of the hearing. I didn't get much time to look over this before the hearing.

She was due to provide me a statement just over 4 weeks prior to the final hearing. I am due to give my reply just over 2 weeks prior to the final hearing.

 

[Resolute]

This thread has a version of a letter I used in a similar situation. It had the desired impact for me. There might be something in there that you find useful.

Post in thread 'Contested non-mol hearing' https://dadswithkids.co.uk/threads/contested-non-mol-hearing.711/post-8560

P.s. my experience of the family court is any evidence is accepted and relied upon whenever it is submitted. This may not be the case if you have a solicitor and a barrister in your corner, I don't know.

 

[NotGivingUp]

This thread has a version of a letter I used in a similar situation. It had the desired impact for me. There might be something in there that you find useful.

Post in thread 'Contested non-mol hearing' https://dadswithkids.co.uk/threads/contested-non-mol-hearing.711/post-8560

P.s. my experience of the family court is any evidence is accepted and relied upon whenever it is submitted. This may not be the case if you have a solicitor and a barrister in your corner, I don't know.

That looks very helpful to use something like that I think. I don't know if a court is a little more lenient and helpful when you represent yourself.

 

[Resolute]

That looks very helpful to use something like that I think. I don't know if a court is a little more lenient and helpful when you represent yourself.

Tbh, I think it is pot luck. There are big disadvantages to representing yourself, even if you get a decent judge. If there truly is no way of getting a barrister, as a last resort, we have to do it ourselves.

 

[NotGivingUp]

I have spoken to the court this morning to confirm if they have received anything themselves, and they have confirmed they have not received anything either. What's the best course of going forward with this as we are now 2 days overdue with no notice to extend this.

 

[Resolute]

Are these just position statements or are they witness statements?

If position statements, why can't you file your future-focused, child centred, position statement regardless of what she does? If you have that written in time. You can include mention of her being late and you not being able to respond. She might give you her statement before your deadline. If she does, you can make an addition to your's. The trick is to find a way of not being occupied with games played by the other side. You need to focus on your tasks. If impeded, carry on insofar as possible. Either of you can file another statement on morning of the hearing anyway. What she does eventually send you may be no more than a distraction.

 

[NotGivingUp]

It is for a witness statement from alleged breaches. There were selected dates that were raised to have a response from. This was due nearly a week ago and has still not been received. Not only that but the order had been consolidated due to factor in an application for a variation for the original court order. As the next hearing is a final in person hearing I'm concerned as at current I don't have a statement etc to respond to.

Will the courts not look to disregard their statement as its not been issued within the ordered time frame?

 

[Resolute]

Will the courts not look to disregard their statement as its not been issued within the ordered time frame?

Not in my experience

 

[NotGivingUp]

I don't want the hearing to be adjourned as its not fair for this to go on how it is. If as an example I don't get her statement until the day of the hearing, I'm going to not be able to produce one in response to it.

Anything to do with being 'ordered' just seems like the biggest codswallop if nothing gets actioned about it. But I feel I can't contest the courts for that, even though I would like to.

 

[Ash]

My ex partner was supposed to submit a statement for a 2nd hearing following a enforcement order breach which was late on receipt to myself and the court.

There was now due another statement (for a final hearing) that has now passed the timeframe for receiving this. I didn't make a point the first time around about the first time it was late to the court, but its now happened the second time around.

What's the courts view on this? Equally the longer it takes to receive this on my end, the lesser of time I get to provide a reply statement and be prepared myself (especially as I represent myself and don't have anyone of legality on my behalf).

So are you saying both parties were ordered to submit a statement to the court and exchange statements by a certain date? If you haven't received one from the other side, by the cut off point, then you send your statement only to the court (not to the other side) along with an email stating that your statement is attached and that statements have not yet been exchanged as you have not received anything from the other side. And request the court that if they receive the ex's statement, to please forward a copy to you.

Providing you haven't sent your statement to them, then don;'t worry if you haven't seen theirs. Maybe they haven't submitted one. If they have, and you ask the court, they should send you a copy.

But whatever you do, never send yours to them first. You can email asking to agree a time to exchange statements and if you get no response, don't do it. If they do agree to exchange statements, then send yours password protected and tell them you will give them the password as soon as you receive theirs.

 

[NotGivingUp]

So are you saying both parties were ordered to submit a statement to the court and exchange statements by a certain date? If you haven't received one from the other side, by the cut off point, then you send your statement only to the court (not to the other side) along with an email stating that your statement is attached and that statements have not yet been exchanged as you have not received anything from the other side. And request the court that if they receive the ex's statement, to please forward a copy to you.

Providing you haven't sent your statement to them, then don;'t worry if you haven't seen theirs. Maybe they haven't submitted one. If they have, and you ask the court, they should send you a copy.

But whatever you do, never send yours to them first. You can email asking to agree a time to exchange statements and if you get no response, don't do it. If they do agree to exchange statements, then send yours password protected and tell them you will give them the password as soon as you receive theirs.

That's correct, and my response to the statement is due in 1 weeks time. Because there is within this now an application to vary the order which I have not requested but the respondent has will I be making a statement to a variation?

Could this be being done due to the fact that I am not legally represented and this is being used as a tactic? As I would have assumed the solicitor would have ensured this was done.

 

[Ash]

Ok so what does the order say? That she has to submit a statement by a certain date, and you have to respond by a certain date? So she hasn't submitted and it doesn't leave you time to respond? If that's the case it's a common dirty trick to not leave you much time to respond. If the respondent has also submitted an application to vary - why is this? Is it in response to you enforcing the order? (Are you enforcing an order?). If so then that is also a common tactic. Breach the order so you enforce it and then put in an application to vary.

I'll wait for more details and we can go from there.

 

[NotGivingUp]

You've pretty much nailed it there. She had to submit her statement by a certain date & time, thus allowing me the same time frame to respond then to that statement. The reason for the variation is because most of the time there is lateness to handovers which was agreed the for the original court order, so trying to amend the timings from what I understand. I have already thought how it can best benefit the situation.

I am enforcing the order as it has clear breaches. Would that be so that the application to vary would not therefore cost the respondent to submit?

On the last hearing her statement also wasnt received until the morning of the hearing.

 

[NotGivingUp]

A statement has now been received. Nothing in there however contesting the breaches, more so about how the respondent wants to 'reduce' video contact and alter the timings for handovers. Do I need to write in my statement about how the breaches have been, or is it a case that she's just going to accept them by not trying to contest them?

There's extra irrelevance within the statement about other personal things (think she is trying to play on the heartstrings of the court). Personally it highlights that she has lots else going on. But it has no relevance to the order in place, nor how the order can be varied.

Also because of the time frame, is it ok to ask the court for an extension due to the tardiness of the statement?

 

[Ash]

Yes I think it would be reasonable to email the court and just say something like:

As I have only just received the respondent's statement, I will be unable to submit my response statement on time but will be able to submit within the next few days.

Yes that's the trick - wait for you to enforce, wap in an application to vary on the back of it, so they don't have to pay the fee.

As part of your statement I would address the issues about timing she's raised. And think carefully about what you say. The reason she hasn't mentioned the breaches is probably because she's using her application to vary as an excuse for the breaches. ie I need the times changing so breaches don't occur.

If she can say she has a reasonable excuse, then they're not classed as breaches.

When I say think carefully about what you say - you might be able to use what she's asking for, to your benefit and also ask for changes, while sounding reasonable and agreeing with her on the odd thing.

For example I can't see a problem with altering the times for handovers, providing it doesn't shave more time off for you. So you could say something like. I have no problem with an adjustment to the timing of handovers providing it is reasonable and doesn't impact on child's time with me (you could even propose something but I'm not sure what changes she's asked for).

With the video calls you could even agree and say that it would benefit your child to have an additional night a week with you rather than the current number of video calls and you propose an extra midweek night (or Sunday nights) and video calls only when child is apart from each parent for 7 days or more.

I don't know what your schedule is, so it would help make suggestions if you say. Do you get midweek nights now?

 

[NotGivingUp]

There has already been mention of exactly that ref handovers and being able to say its because it was an oversight originally by the court. There has been NO mention at all about the video contact breaches which is the main thing contested. There has been some form of emphasis onto how the respondent has care of another child and also sole caring for a poorly relative. This makes me feel that my child is not getting looked after properly because it seems there are other things that are of an 'importance'. I think this is to highlight that its clearly difficult to maintain a relationship with father to child and her personal life. At this point I would like to add that children services have been and visited my child at her school on a couple of occasions now and my child has expressed their thoughts and views directly to children services about their wishes.

She has asked for the handovers to either be later at the agreed location, or earlier at a closer location to her house. I chose at the last hearing to not push for the handovers being breached (even though they are and were) because I knew about the order having an application to vary so I have already thought of how this will be best suited to be put across for the benefit of all parties. I didn't want to push for the breach on this as I wanted to show I was reasonable and wanted to be able to work through things. However if you would have seen the contact attempts I've made against how many have happened you would understand why I am enforcing this breach of contact.

Due to geographical restrictions I'm not close enough to warrant overnight midweek stays. The respondent has said that with the video contact, they want to vary the day its on and also reduce it to once a week from twice. My child wants more time with me and longer, not less. Currently I have in person contact every other Friday until Sunday.