[Solved] Applying to enforce order...third time!

In case it helps, I went to court a few weeks ago as respondent in a non-molestation order application. The applicant's statement was 14 pages long.

I prepared an equally lengthy response statement. My barrister prepared a short position statement based on it.

On the court date, we took 4 copies of each and delivered them to the clerk before the audience.

During the audience, the barrister asked for permission to file the response statement. The magistrates asked the applicant if she had seen the response, which she had.

We came out with a consent order that included permission to file the response.

Hope that helps.

Just curious but can't you just file a response statement without asking permission? Surely if the applicant makes a statement with allegations against you it would just be a natural thing to be able to respond in writing.

My position statement is currently two sides long, although I have not formatted it to double spacing yet, about 1/3 of the first page is taken up with the "..in the case of...between..applicant and ...respondent, then its brief history (as brief as possible) then a very short section on current concerns and a second very short section on request to court.

Given the length of her statement and her accusations, assumptions she is treating as fact and that she is outright denying the breaches I think in this case requesting permission to file a response is maybe better - if I am granted permission would I then be able to file documents as evidence with it? (E.g solicitor letter, times when contact was prevented)?

I'll try not to focus too much on what she alleges and will aim to keep it child focused, she has actually asked court to dismiss the application altogether so I think filing a response might be best!
Is it simply writing a letter addressed to the court or is it to the judge?
Thanks so much for your help Mojo!

You could mention in your Position Statement that you have finally received her statement and due to the length and accusations that she has made, you have prepared a response with attached evidence to back up your position. State that you have it with you and would like to make it available to the court and the other party....basically asking for permission to file.

Your response should be in the same format as your position statement, but should include a statement of truth.

All the best

All answers make good points to consider - thank you everyone!
If I were to submit a response I would want to submit evidence with it to prove she has breached the order and to prove her allegations are unfounded, I'm not sure whether it would be appropriate to submit evidence etc when we haven't even had the first directions hearing yet (I might be wrong but just don't want to annoy Court by submitting stuff too early!)
I think I shall hand my position statement to clerk/usher and other side before the hearing on the day and will mention I have prepared a response complete with evidence which I would like to make available to court and the respondent. Hopefully the judge/lay justices will either give permission or order a fact finding hearing so I can prepare it for then!

I think you're right, let the case get underway and you will have the opportunity to file your evidence, either upon request or as part of the proceedings.

First directions hearing next week and today I have received a schedule of costs from her solicitor... errr...
Nothing else on it just enclosed schedule of costs! After her false allegations and denial of frustrating contact in her statement she did say she would be claiming costs however I have clear evidence she has frustrated contact several times without good reason - why has her solicitor sent me her schedule of costs? Is it a scare tactic??

Does sound like a scare tactic. When I received notification to attend a non molestation hearing they added a draft non molestation order which left me wondering for a minute if a order had been made already, but it was just mind games, and from my layman point of view, this looks the same.

I wonder if you can use this as evidence of undue pressure on part of her solicitor, but hopefully someone better qualified than me can comment.

Either way I wouldn't make too big deal about it, I think you want to stay focused on your child.

Thanks superprouddad my thoughts exactly. This is her third solicitor, so far this one there have been three calls for a barring order and then this... only the court can issue a costs order and as far as I can see my conduct does not warrant a cost order anyway... whereas the respondents conduct would probably warrant it! When I made the application I put a claim in for the cost of submitting the order as I'd given her the opportunity to resolve this without litigation but she chose to ignore it... so from my standing I've had to fork out £215 because she didn't want to resolve it between us I.e acknowledge what she's been doing is wrong and assure me she won't do it in future! (Refusing contact when it suits her and making up orders to restrict contact...)

Very interested to know if I can use this to show undue pressure!

If you have made an application for a costs order, maybe that enraged her and one can almost argue that by sending you a schedule of costs, they are effectively bullying you.

You do want to be careful how you respond. Don't let yourself be seen as someone who just wants to argue left and right. Maybe mention this in passing to expose their tactics, but by all means, focus on the child and let this one go.

Money is just a number. Don't let them distract you into thinking about the schedule of costs, just think about the well being of your child.

Need to pick your battles.

That's true - it does baffle me why they think it would intimidate me though - maybe I'm naive but I'm surprised a solicitor would use such tactics when dealing with proceedings about a child.

Had the hearing - respondent and her solicitor had brought material to be used as evidence which I haven't even seen! I wasn't given any opportunity to file any evidence and her solicitor twisted everything 🙁 on the plus side I wasn't ordered to pay costs nor was a barring order applied, respondent was told to stop restricting contact but I was told that teatime contact is at her discretion.. so basically I have to go with what she says. I'm so disappointed I don't feel I was given a fair chance at all, and I'm pretty sure if I had turned up with evidence proving she frustrated contact I'd have been reprimanded for producing evidence without permission. I give up! :boohoo:

on my court paperwork for my response to my non molestation it states 'send any sworn evidence in no later than 48 hours before hearing'

she got alot and a cd with recorded calls stating she will not stop contact with my son...hope she digests that lot well lol