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

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(@Skallywags)
Active Member Registered

Well I was expecting something similar to be honest, I made application, she was ordered to file a statement in response and she denied everything, I expected to be able to present my own statement with evidence supporting why I had applied and certainly didn't expect the other side to bring evidence without me having view of it!
The judge was sympathetic as to why I was there though and warned the respondent against denying contact without good reason... I just expected fairer treatment. If I could afford a solicitor I'd [censored] well have one! I get very confused and as it was a first directions hearing I absolutely did not expect to be granted permission to bring evidence and would have fully expected to be told off if I had! Lesson learnt - if I need to return to court I'll go all guns blazing armed with absolutely everything :woohoo:

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Topic starter Posted : 29/08/2017 7:23 pm
(@superprouddad)
Reputable Member Registered

Don't be too harsh on yourself, you just had a hard day in court, take a deep breath, maybe go get a massage, you'll see things clearer.

I honestly don't know if it's worth having solicitors. It feels like sometimes you just end up giving away all your money and mortgaging your child's future.

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Posted : 29/08/2017 8:31 pm
(@mavic)
Reputable Member Registered

so what happened? is she contesting it or did the order stay?

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Posted : 29/08/2017 8:32 pm
(@Skallywags)
Active Member Registered

Agreed superprouddad. Before going it alone I had spent approx 38k ensuring little one could have a relationship with me! 😮 I feel a bit better now having had time to reflect on the experience but still feel it was sly if her solicitor to bring material to a first directions hearing without bothering to show me.
Mavic, basically the judge said technically she hadn't committed breaches but confirmed she was abusing the order and said that court does expect common sense to prevail and clearly it hadn't with regards to her so we now have an amended order which is more specific so she can't create loopholes to block contact. He told her although midweek contact is at her discretion, if she repeatedly denies contact that is a problem and he also said any further applications will be dealt with by him exclusively - which I'm really pleased with as we have always had different judges (one actually left a case due to her behaviour) so continuity will be far better I think! Her solicitor was trying to imply my application was meritless but I'm very grateful to the Judge for understanding why I made the application.

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Topic starter Posted : 29/08/2017 9:14 pm
(@superprouddad)
Reputable Member Registered

it was sly if her solicitor to bring material to a first directions hearing without bothering to show me.

I know how you feel. We know from previous experience that these things are likely to happen, yet when they do, we still let them get to us.

I think you deserve a lot of credit for persisting this far. Have you got another hearing booked ?

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Posted : 30/08/2017 12:14 am
(@dad-i-d)
Noble Member Registered

Solicitors and ex's are sly creatures....for a final hearing coming soon, we had to send witness statements in by a set date a several months ago (court f**ked up couldn't get us in for nearly 6mth!) so 2 days early due to the 30th being a Sunday i had my docs posted recorded for delivery the friday....12days later i get a copy of her statement...3days after that i get a copy sent me by the courts with her solicitors letter apologising for the delay in not getting her clients statement to court on the 30th!!!!
basically she had 7-10days to review my witness statement and evidence before submitting hers!!!! Grrrrr boils my blood....blood sucking parasites! 😡

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Posted : 30/08/2017 11:11 am
 Yoda
(@yoda)
Famed Member

Glad the judge has been strong for you.

In terms of taking evidence. I always tell people to have everything with them just in case. Don't go handing it in without asking as it will often put judges backs up, but you can refer to having it with you should they wish to see it.

Dad-i-d sorry to hear that. I often think it's better to file yours with the court on time, but not to exchange with the other side until you know the court have received theirs too.

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Posted : 30/08/2017 11:33 am
(@Skallywags)
Active Member Registered

Nope, that hearing was it! Case closed - even though I had requested permission to file my own statement with evidence following this hearing!

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Topic starter Posted : 30/08/2017 7:14 pm
 Yoda
(@yoda)
Famed Member

I hope it reached a favourable solution, despite the process.

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Posted : 30/08/2017 9:20 pm
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