[Solved] ex delays court filings

Hi there

The family courts are tightening up on late filing, you can give the court a call and enquire if they have received your letter.

You can write and ask for permission to file your response later, due to the fact that you still haven't received hers. Or you can ask for an adjournment, because you don't have enough time to prepare a response.

You should speak to your solicitor about sanctions and a wasted costs order, the trouble is, if you have been stopped from seeing your children, further adjournments are delaying this further.

http://thecustodyminefield.com/lying-in-court-and-penalties-for-late-filing-of-evidence/

There's also recent case law that deals with this, as I say, this is being looked upon much more seriously now, but some courts are slow to act.

Thank you so much for getting back to me! My ex and her solicitor are now two weeks late with the filings. I am supposed to respond to her allegations by tomorrow but have not received anything yet.
I have written to court last Friday but have not heard back.
Is there some formal statement I need to use for an application to extend my time to respond?
From the link you gave and subsequent PDF I see that
"48.
It must now be clear and plain to any competent family practitioners that:
i) court orders must be obeyed;
ii) a timetable or deadline set by the court cannot be amended by agreement between
the parties; it must be s
anctioned by the court; and
iii) any application to extend the time for compliance must be made before the time
for compliance has expired. "

Ideally, I'd like the court to just ignore whatever my ex will file at court. Would that work? Or should I simply settle on an application to extend the time for compliance?

Thank you again for your input.

Eric

You don't need to worry about a form to ask for extra time.

As you are represented, it should be your solicitor asking for extra time to file. If you don't have her statement, you cannot respond, and the court will understand if you miss the filing date under those circumstances and should allow for that.

Have you checked with the court if they have received her statement? Sometimes people will file with the court but not with the other party which is quite naughty. Worth giving them a call to check and also ask if they have received your letter asking for extra time.

How close is the hearing? I think the bigger worry would be that if they don't file, it could cause a delay in the proceedings.

Hi my ex and her solitor was absolutely terrible with all coropondences. I never once received a position statment or any other documents until the day of the hearing and on the final hearing my ex didn't turn up with any paperwork at all levels and her barrister just apoliged to the magistrates.

The courts didn't seem to bothered but this could just be the individuals on the day but what I will say Is my case was still felt with and went forward to plan and I got the end result nevertheless.

Best of luck.