[Solved] What happens if my ex doesnt provide a statement or evidence

common tactic. they normally delay there response as this then delays you, especailly so close to your hearing.

normally she files her statement and any evidence, you then file yours in sight of hers.
it then goes to court and judge will decide weather to have a fact finding hearing which is most common.

do you have any knowledge to her allegations that she is most likely to put into a statement. if so maybe an idea to try and get one prepared.

but the court wont be happy and if anything like what ive seen they will call her upto stand to give her statement verbally.

have you asked your solictor to see if they have granted an extension. sometimes they can fail to tell or consult you

Thanx for the reply,

My ex is alleging i assaulted her, so we had to provide statements for the directions hearing on the 9th sept, both statements were submitted in regards to domestic violence... however, in the hearing my ex also alleged that i drink excessively and that i take drugs and claims she has evidence of this ( i dont do drugs or drink excessively) so i know she wont have any evidence.
The courts then asked us both to do drug and alcohol testing....
this is where it gets confusing....
shes claiming legal aid (same old story) im not, so i had to let my solicitor go as i cannot afford him, anyway the drug and alcohol testing is 800+vat!!! i haven't got any money to pay that, i would love to take the tests to prove that my ex is lying, so my old solicitor wrote to the courts to ask for a quick directions hearing to see if the tests can go on my ex's public funding certificate... i haven't received a reply (the letter was sent 2 weeks ago)....
we were both asked to supply medical records, which i have retrieved and are ready to be sent, then i was awaiting a statement from my ex, which hasn't showed up,

I have quite a bit of evidence in regards to letters, character references, bank statements etc.. so im not sure what to do now,

Also i was wondering if i have to send my medical records to my ex's solicitor? surely that cant be right, because that would mean she has to send hers to me?

I know i have to send 4 copies of evidence/statements to the courts and 1 copy to her solicitor.
hopefully you could shed some light about what to do next?
thanks 🙂 )

i wouldnt send any medical records to her side, id send a copy to court and i would attened with it to court aswell.

my respose to allegations of assult would be simple. please can u provide any medical evidence or a police report to back your allegation up as i feel this is being fabricated to make it more difficult for me to have contact with my child.

her public funding may cover it, but im sure for them to do it, it would need to be directed by a court order, it can also take some time to sort aswell. i would write to her solicitor for an update on this matter.

also i would not file a statement to her side until you have recieved theres. and i would mention this to her side aswell that you do not want to make your statement avalible to them until theres has been filed and do not wish for them to have sight of your statement, also i think you said she was asked to make hers, and you then would have some time to file yours. i would not file yours until it has been sent ber her side. i would also write to court informing them of this delay and also there was no attempt by your ex solictor of an extenstion on filing. and you do not wish them to be able to make there statement in sight of yours.

stand your ground. dont file until they have. send medicail stuff to court but under data protection and patient confideniality i wouldnt send to her side, court only

Thanx daz

I received a letter from her solicitor on sat, stating that the ex had been rushed to hospital last week for an emergency operation, so she couldn't submit a statement... (i saw her in asda twice last week, so i know that its all lies)

Anyway, they have asked the courts for an extension to submit her statement by 2 weeks, and for me to reply by 2 weeks after that (further prolonging things) on the plus side it stated that they have no objection to put the tests on her public funding certificate(which hopefully they will)

so im waiting to hear from the courts for a date on another directions hearing, so the matters can be discussed... i just want the test done to prove shes telling lies...

I think i will only send the court a copy of my medical records (based on your advice) do i need to send 4 copies?

If it was me, I'd be trying to find out exactly what the emergency operation is, either to try to get evidence to prove that she was lying, or to see if it was genuine and whether it was drink related or anything such like that you can use in court.

As for the 4 copies - not sure of the answer, but if no-one else says otherwise, I'd send them 4 copies - the court can always discard the extra copies if they don't need them.

You don't need to send four copies of your medical records. Just one to the Court will do. However, you need to know that, as your wife is a party, then the Court may deem it appropriate to give her solicitor a copy of your medical records, and vice versa. There are very clear rules of disclosure that deal with that kind of thing, and her solicitor (and the judge) will know what the exemptions are.

You would do well to stick to any Court order, but it sounds as though her solicitor has asked for an extension to file her statement, so you should be okay. As for trying to find out whether or not she's lying - what you can do is reasonably state your case to the Court, saying it is your opinion that she did this to stall and you would like the Court to order that a medical certificate be presented by your ex-wife's GP stating the nature of her operation and when it was done. A Court may or may not do that.

Following your filing of the statement of evidence, the Court may or may not proceed with a Fact Finding Hearing. Sometimes allegations can be agreed beforehand. It sounds like you are very clear that the allegations are false. Fact Finding hearings are just that - the judge hears all the evidence and then makes findings that become FACT whether events happened or not.

It's a shame you've had to give up your legal representation. Good luck.

Thanx guys, well some evidence has come into my hands in regards to my ex's "emergency operation"

her statement was due to be in by 30th sept, she claims she was in hospital the week before and recovering at home prior to an operation she had... even after i saw her in asda twice last week lol... but on Saturday 2nd she has wrote on her friends facebook wall about how she went to the local leisure center for an adrenaline night of wave riding (surfboarding) and went for cocktails afterwards and got(her own words) wasted....
i think im gonna print this and show it to the magistrates to prove she is just prolonging things unnecessarily...

what will the court do if shes proven to be a liar?

I haven't experience of this, so I'm feeling my way a bit her. I'm not sure if the court will penalise at all - there's no contempt of court if an extension was granted, but they certainly won't be pleased about it, and it will stain her record for any further claims. Just be careful how you present it - you're not trying to score points, simply presenting information to show that she is wasting both yours and the courts time.

Well i was only going to use it to prove shes trying to drag things out longer...

first it was domestic violence... resulting in an re l hearing

then it was drug and alcohol... resulting in tests to be done

and now shes claiming shes too ill to provide a statement.... again further dragging things out.

hopefully they will see she is wasting their time and my time, although i do understand when serious allegations are made that they have to be investigated properly....

Her solicitor also asked if my ex be excused from the next directions hearing...( this hearing will be to set new dates and see if i can go on her public funding certificate for the drug and alcohol testing) so she wont be there to defend the evidence i have relating to her "emergency operation"

would be interesting to know how much she has told her solicitor - he's not allowed to say she was ill if he knows she wasn't.

well her solicitor is gonna say that he was following her instructions,
received a letter yesterday, and have just been informed that instead of an re l hearing on the 15th october, its now been cancelled for another directions hearing on the 4th november...

its all taking ages....

my ex got her extension to file her statement 2 weeks late, i guess ive just got to grin and bear it till its all over 🙂 )

well her solicitor is gonna say that he was following her instructions,

To the best of my knowledge, he can't do that if he knows for a fact that she was lying - if he doesn't know for sure, then he is allowed to follow her instructions.