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So last night I posted a comment that I received the notice of act from my ex solicitor together with a copy of them receiving court papers, I noticed within this, she has ticked that she has concerns and used the old C1A form that she submitted when we went to court last time, and that has already been dealt with from the earlier proceedings that is now closed.
I understand when you submit a C100 form together with a C1A (that i did at our first proceedings) she had the option to respond to the C1A, this time round she has submitted the exact same C1A as her first one, and i havent submitted a C1A as i just want to make this 2nd time going to court as easy as possible. do i have an option to respond to this C1A before the first hearing, do i have an option to write to the court to say it is unfair this old C1A has been used, again, when it was fully dealt with at the first hearing and is now irrelevant since contact has been restored via her agreement so her concerns stated on this old C1A are not relevant. All of these issues was dealt with with a full detailed statements etc shes just bringing it up all over again.
Thank you
does anyone know or can I write to the court to request that this C1A is not used as its just going around in circles or do I just leave it for my barrister to highlight the issues raised from this old C1A have already been dealt with? or will the people who review it already know?
Just leave it for now.
You will be able to discuss with Cafcass when you have your telephone interview.
Prepare a short position statement to take with you on the day of the first hearing that mentions the concerns raised in the court forms are historic and have already been dealt with during the previous proceedings.
Keep the position statement short, factual and to the point. The court are likely to order full statements anyway where you will be able to put your point across.
If you try to submit a lengthy or evidence based document at the first hearing, the court might be cross with you or accept it as your submission and not allow you another chance.
If she is making allegations, I suggest that you ask for her to submit a statement first and then you to respond - if you have a District Judge, they will decide this. If you have magistrates, they usually need prompting
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