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Evening guys,
So the court date is approaching and my ex's solicitor is due to be preparing the court bundle. I have some questions :
Can I ask for something to be submitted in to the bundle?
Is anything restricted from going in the bundle? I understand that everything has to be agreed that goes in it, does that mean that I will get to approve it first?
Does my ex's solicitor have to provide me with a copy?
What if no bundle is produced, what is the outcome here even though it has been ordered to be done by her solicitor?
Can I ask her solicitor if he has started on it?
If he compiles a bundle without me approving it or asking for any input what happens then?
With regards to things going in to the bundle and me submitting things, Briefly my son now resides with me after severe mental health issues from my ex (attempted suicide, neglect, manipulation etc). The order is asking for a position statement and to include what school we think he should remain at and where he shall live. I have used a subject access request for school records and have today received a lengthy attendance report. A lot of lateness and out of 340 school sessions, he missed 40 in 15 months which is quite a considerable amount (these are all unauthorised absences - not including illnesses of which there are plenty of them too). Can I submit things like this in the bundle or refer to them in my position statement? I have lots of things I want to refer to but I don't want to bombard the court with tons of paperwork in addition to my position statement and don't even know if i can.
I have written to the court to see if my wife can submit a statement and am awaiting their response. If they say yes, does this get filed within the bundle or attached to my position statement?
Obviously its critical that I produce my case in the best form that I can so any help, tips, advice on position statements would be ideal but very interested to know about the bundle stuff I have asked about above.
Thanks in advance
Hi there
Wow thats a lot of questions!
This link might help to explain court bundles
https://www.dad.info/forum/legal-eagle/38935-new-practice-direction-27a-court-bundles
Ideally her solicitor should contact you and ask if you would like to include anything in thenbundle, but I wouldn't hold your breath!
The link above will tell you what can and cannot be included in the bundle. Her solicitor should provide you with the index and it would be up to you to put your own together.
If the bundle has been ordered to be done by her solicitor, it will be done, I'm pretty sure. There's nothing to stop you contacting her solicitor and asking about it, requesting something be added or objecting to something that shouldn't be in there. ...read through the practice direction above and that will give you a good idea of what is expected.
There's nothing to stop you preparing a supplemental bundle if you feel her solicitor isn't including what should be included....I think it's always a good idea to have a file with all your court paperwork in it, sectioned for easy reference...that's all a bundle is really.
As far as your statement is concerned, I've PMd you.
Thank you, so would I still need to do a bundle if he is doing one? It just says he will file and serve. Can I ask for him to do me one as how am I meant to do it if I don't have their paperwork to go inside it?
The above link is very helpful but still unsure as to wether I can put the school stuff in to it. It will obviously help my case but being her solicitor is he just going to say no?
I am finding this bundle stuff quite hard work to decipher
Did you pick up my PM?
It's advisable to have your own bundle, you should have copies of most of the contents; application forms etc. Give her solicitor a call and ask if they will be supplying one or just the index and if not, ask for a copy so that you can prepare your own.
If he says no to anything you feel should be in the bundle, write to the court and ask for permission to file, or attach to the back of your statement, making reference to it in your statement.
Yes I have thank you 🙂
I will do that, I have only been told to do a position statement, I have asked the court if my wife can submit a statement. Do I still need to do a statement?
It states that both parties must submit a position statement. That is what I am in the midst of preparing now. A statement and a position statement are different documents or am I wrong?
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a
You might find this clearer to follow
Interesting article
https://www.lawgazette.co.uk/legal-updates/court-bundles--be-warned/5049476.article
Thanks mojo, I have just had a good read of all of them. The one from Liverpool is really helpful in preparing a court bundle. I am confident about that one assisting me in collating what is needed.
Where the court has ordered medical history from her that will obviously be absent from my bundle or can I ask for a copy of that from her solicitor?
I have sent an email asking what he will be doing, i.e. either filing and preparing one for him or will he be supplying me with one or just an index so I will await his response on that.
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