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Im new here and really badly need help/advise from people who have been through this circus called family court,
I’m going to do a short run through to better grasp my situation in due time, however at this point in time my question is simple,
What do I do if the directions from the previous hearing and recitals/orders are incorrect in the draft order I have just received through the post notifying me to the next hearing?
The court in question do not answer my calls at all (they never answer the phone) and have not once answered any of my emails (going on nearly a year)
I am worried that these false recitals will be used to further shroud me in false testimony at the next hearing,
I am currently trying to gain access to my kids,
C100 in place ongoing, like I said I will do a run through I just need to word it properly as my ex may see this and it may hinder my case, so bare with me, but in the mean time what do I do regarding the recitals being incorrect?
I feel I need to better explain this because I know no one can help without a brief idea of the whole situation however any advise on how to explain it properly without her making out it’s me and her being explained would be great.
Is this a stamped order? Who has sent it? The Court or a solicitor?
Either way, you can write to the sender pointing out the errors so that they can be given a chance to correct it if they are significant. Otherwise raise at the next hearing.
All hearings are recorded so if the worst ever came to the worst and significant mistakes are made, transcripts can be obtained.
hi,
i would not make a huge deal about recitals. in mine the ex put all kinds of [censored], everything from father must wear pyjamas, to father not allowed to leave kids with his mum.
when is your next hearing? thats when you will clarify everything and get all your points across, so that you will get a decent order, with recitals. are you being represented by a barrister?
If the order is incorrect it may be able to be amended under the “slip” rule that allows clerical errors etc and wording to be changed if incorrect without the need for another hearing to authorise what is in effect a different order . That is of course different to the order being correct and perhaps ones understanding of what the order was going to be saying being different
As has been said above by Bill and myself - recitals aren't worth kicking up a fuss about unless they are going to impact significantly on matters between hearings.
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