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So I applied to the courts to go back to court for more time. I have received a letter from her solicitor with a copy of the acknowledgement of service enclosed but also a request for approval that they can submit a bundle of index.
Some of these documents just list the previous hearings information but there is a statement of issues enclosed which raised complete lies, yet again! of course I am going to object, so I am writing to her solicitor to say that I object them lodging these documents with the court.
Can these still be lodged at court even though I object??
Part of these is that they keep referring to the previous hearings we went through and yet at this hearing it was concluded that even all the lies she made to refuse contact, the court found no concerns for me to have access to the children. (historically, I have always been a hands on father and I had them in my care for 12 months when she didn't want to know them and yet I am subjected to all of this to prove I am a good dad and somehow its totally overlooked that she disregarded them for 12 months!) - can this be even done? surely the issues the ex raised in the first hearing is now obsolete since its been dealt with and she agreed a child arrangement order...??? can they keep referring to a previous C1A form from the previous court proceedings that has since been closed???
Do I need to be careful in what I am saying when writing back to her solicitor, im basically saying I object based on the reasons that they keep referring to old historical proceedings that have already been dealt with etc.
I need to respond to this letter tomorrow so i desperately need to write the letter this evening.
Thank you
It’s no uncommon for the other party to raise the same issue from a past hearing. Prepare a brief two page position statement and mention the issues that the other party have raised had all been dealt with at the previous hearing and no concerns were found.
You could request that as the applicant you would also like a statement of issues included in the bundle.
Thank you for getting back to me so quickly. I have drafted a letter to the solicitor. Your response makes me wonder whether they are able to submit the bundle without my approval - is this correct, if I object to them supplying it, what happens. What am I best doing?
Thank you!
It’s usual for the applicant to provide the bundle, unless they are unrepresented and the other party has a solicitor, in which case the court would ask them to prepare it.... so it’s not surprising that they have taken it upon themselves to provide it.
They are trying to get their statement of issues in, try asking for it to be left out until the court request it.
They are asking you to approve the bundle index, so they are acting within the practice direction for bundles.
These links may help
www.justice.gov.uk/courts/procedure-rule...rections/pd_part_27a
www.thecustodyminefield.com/flapp/courtbundles.html
I really appreciate your help and I am really stressing over the amount of time I have left to respond. it doesn't give me enough time to get all this together I don't understand what I am doing.
Reading the link above has worried me even more its overwhelming.
Do I basically have to respond to say I object but yet they still send it? They have included in the up to date chronology expert reports, text messages all evidence that supports her, that was historical to the previous proceedings. None of it is now relevant since it was all dealt with at the previous hearings. It was all lies. But its being used again.
What do I do, what am I meant to be doing, asking to include stuff in this list or can I request they take out stuff that relate to the previous proceedings I don't understand my rights I honestly thought I could just do this with a barrister and I prepare the information on my own but it doesn't look it and I cant afford a solicitor!
Read the second link I provided as its in plain English, most importantly don’t get bogged down in worries about the bundle.
Make you’re point, if you disagree with something, say it in the letter and they will have to say on it that you disagreed... make the point that the documents/issues from the previous case had been dealt with at the last final hearing and you don’t feel they’re relevant to this case.
Bottom line it’s a bundle and solicitors will try and use it to their advantage... but it’s really not a huge issue... as I said, prepare a brief position statement to take with you and make the points you want to in that... as long as you keep it brief.
Thank you for getting back to me so quickly! I am very grateful! You’ve certainly put my mind to rest. I’ve got a letter ready to send to her solicitor tomorrow. Thanks again it’s really appreciated
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