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On the 11th May 2017 We had a directions hearing to do with Breach of contact and a new arrangements order.
On the 11th of May's hearing we were both issued an order to supply our witness statements to the court and everyone involved. Mine was supposed to be handed in by 22nd June and My ex;s by 13th July.
I have handed everything in however my EX still hasn't issued her statements, it's now the 5th Sept and we have our FINAL hearing one week 11th Sept.
From the 11th May up to End of July I had a solicitor who tried to follow up with my ex's statement to no avail.
My question is what will happen in court if i have no received her statement?
My next question is on the 11th May the court ordered Cafcass to file a section 7 report and to do a wishes and feelings report with my daughter {which came back positively)
However i'm really concerned about the unrealistic contact recommendations they put in the S7 report and that everything in the report is basically everything that my ex has told them {hear-say} and nothing what so ever about what I said or recommended in my witness statement or when I had the phone interview. It is all just basically worded from the Social workers report which again is just lies and hear-say with no proof I have even done anything wrong. {which I have not}.
So my question to this is will the courts listen to this nonsense and agree with everything they have said, even though I will tell them it's all lies.. or will they be unbiased?
And finally.
Now I don;t have a Solicitor nor will I be taking a McKenzie friend {I live 200 miles away from court) .. and I know my EX has no Solicitor but she will use her new boyfriend of like a year as a McKenzie friend which she was aloud on the 11th May hearing due to me having a Solicitor. Can I refuse him being there this time around as I find it inappropriate and it states in the section 7 report and Social services report that my EX has promised not to introduce her kids to any new partners straight away {which she did literally 1 month of getting with him) and her getting with unsuitable partners is partly why she broke the contact order.
Hi there
Have you contacted the court to see if theyve received her statement?
It's possible that they may adjourn the hearing because the statement hasn't been filed, which would be hard foryou as you have so much travelling to do to get there and back. I would try and find out if there will be adjournment,perhaps you should send an email to the judge that asked for the statements, marking the top FOR THE ATTENTION OF :with the mname of the judge, it should be on the last paperwork you received from the court.
If statements have been ordered by the court on a specific date and the party fails to do so, the judge can refuse to accept any thing that the party might rely upon for their case that is in their statement. That's said, party's without a solicitor do tend to get away with so much.
Generally, a McKenzie friend shouldn't have any personal interest in the case, as a boyfriend you could argue that he is personally involved and for that reason you are asking for it not to be allowed. However as you doidnt object to his presence at the last hearing, the judge might allow it....there's no way of knowing I'm afraid.
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