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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I have the Final Hearing for Financial Remedy in 10 days. Today

Resolved Question:

I have the Final Hearing for Financial Remedy in 10 days. Today I received the 'Bundle'. In it the Applicant states I had a campaign to get her from the house and I alienated the children against her. I am the father (74) and a Litigant in Person the child is in the FH with me of her choice.. I have Social Services, Police and other Statements from those in Authority including a Domestic Violence Unit outlining my condition ( emotional control) and a Statement from my 24 year old son who lives with me as to her behaviour to the family. But in the bundle a Statement from her Doctor saying in her opinion my ex had suffered psychological abuse from me. This letter dated nine months after she had left the family home. False claims ! I need to be able to have the Court see my side of the story. How do I do this correctly? I have all the paperwork prepared, indexed but her Solicitor says it isn't relevant and won't include it in the bundle. I need the Court to consider my evidence.
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is Mac. I can help you with your question.
The solicitor should have sent you the index to the bundle in draft beforehand for your comments/approval, and offered you the opportunity to add any documents that you thought relevant.
Ideally the bundle is agreed. Where it is not, as here, you can produce a supplementary bundle of your own. You should ensure that your bundle is limited to only those documents you consider relevant, and that it is paginated. You should send the solicitor on the other side a copy of the paginated index (and then a copy of the bundle so long as he pays for the copying).
I hope that is helpful.
Regards,
Mac
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Customer: replied 2 years ago.

I thought my paperwork WAS relevant however she refused .But in the Form E, my ex has said about my campaign against her, alienating the child and that I forced her out of the house. Whereas in reality the Police advised her to leave. I have their Report and want the Court to see it.Plus Social Services and my daughter's school Pastoral Support officer. Also a statement from my son (24). I have also found out quite late that she has made large cash withdrawals since the marriage began to disintegrate (£36,631) I can prove this with Bank Statements that I legitimately had from the Questionnaire. You say put it all into a separate bundle and send to the Court and her Solicitor as soon as possible?

Expert:  familylawexpert replied 2 years ago.
I do recommend that you create the bundle, paginate it, and draft an index of each document and its pagination. You should then send that index to her Solicitor as soon as possible, together with any documents in your bundle that they don't already have.
You do not have to send her solicitor a copy of the whole bundle unless they ask you to do so and agree to pay the costs of copying it.
You should file a copy of your bundle with the Court at least three days before the hearing.
Regards,
Mac.
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