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I am the applicant for full residency and the children are with me under the instruction of the court. A final hearing is due this month however the deadline day for submitting a statement has now passed and I still haven't received a statement from the respondent. I have filed my statement to all parties concerned and within the required time frame set out by the court, but does the respondent have an unfair advantage in not sending theirs and what could the court do in this case?
Hi there
This is quite common, especially when a party isn't legally represented.
I would contact the court and ask them if they have received her statement as you haven't and the deadline for filing has passed...she may have sent it to them only, so it's worth checking. If that's the case they should be able to provide you with a copy.
If the party that has been directed to file does not file the statement on time, nor seeks the permission of the court for an extension of time in advance of the hearing, they will not be able to give oral evidence at court or file the statement on the hearing date, without the express permission of the court.
If you end up in a position where the other party does not file their statement as directed and the court allow them permission at the hearing to file the statement, then you can and should ask the court to adjourn the hearing on the basis that you haven't had time to properly prepare you case, including commenting on the content of the statement which the other party has now filed.
The court may adjourn the hearing....Some are sticklers for procedure, others are more "flexible", but with the steep increase of self reppers in the courts, I think it's a matter of necessity that some breaches of procedure are ignored, or allowed to pass by quietly...the courts are clogged as it is.
The only advantage to her would be that she could adjust her statement to answer any points you have made in yours... without having sight of her statement before the hearing, it's difficult to fully prepare your case.
Hi Rob
It's best to keep court matters confidential or at least anonymised - do you want us to change your username so that you can't be identified so readily?
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