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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am involved in protracted family law proceedings. I wish

Customer Question

I am involved in protracted family law proceedings. I wish to rely on tape recordings of the Local Authority and have been asked by the Court to make a formal application in time for the next hearing. In addition I must upon issue put the other party and Local Authority on notice that the application has been made.Q1. What process/form is used for such an application?
Q2. Is putting other parties on notice - simply correspondence stating I have made such an applicaton?
Submitted: 8 months ago.
Category: Family Law
Expert:  Jo C. replied 8 months ago.
It is going to show up on enhanced for life, standard for life and basic for either five to ten years depending on the sentence.
Expert:  Jo C. replied 8 months ago.
..
Expert:  Jo C. replied 8 months ago.
Sorry, that was intended for another post. I will opt out.
Expert:  Clare replied 8 months ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the nature of the proceedings and what are you trying to evidence with the recording.In what circumstances were they made?
Customer: replied 8 months ago.
The proceedings concern my Child Arrangements Order application. This is complicated by the Mothers intractable hostility and coaching of the children which has resulted in the appointment of a Guardian and Child Protection Plan. The recordings will evidence the disparity between what was stated in LA meetings and what ended up in the S.7 report. The DJ has invited me to submit transcriptions as evidence so my query is around the procedure.
Expert:  Clare replied 8 months ago.
Was everyone aware that the meeting was being recorded?
Customer: replied 8 months ago.
The recordings were covert and the case for their admissibility has already bee accepted by the DJ i.e. CAFCAS - Policy 2.27 We should have nothing to fear from covert recording. Our attitude should be, “I am doing my job and I have nothing to hide. I can explain why I said what I said or why I did what I did”. This is within the spirit of transparency in the family courts.The issue is the procedure for submission prior to the hearing.
Expert:  Clare replied 8 months ago.
Excellent news!In that case the application is on a C2http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c002-eng.pdfYou should send a copy of the application to all the parties as well as sending four copies to the courtI hope that this is of assistancePlease ask if you need further detailsClare

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