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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Please FDA not until September! Form C finally arrived, and

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For Claire pleaseFDA not until September!
Form C finally arrived, and my January Form A has led to a September FDA. My MPS application of March is being heard at FDA September, which is a delay of 6 months! No child support has been paid since liability last November and without some kind of deadline, my ex simply won't bother renting out his rooms to raise finance. The date for exchange of Forms E is 19 July and 19 August for chronology etc.- It would speed things up if we each agreed FSA should be FDR - but commentators say that MPS and FDR are NEVER put together!
- Would you say that I should re-submit application for urgent MPS and a fresh statement?
- Or just a letter to the court seeking an earlier date (or would they have already tried that).Its as I thought - final hearing 2017 if you're lucky!
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

That is appalling.

Write and ask for an earlier MPS immediately

Customer: replied 1 year ago.
Agree.
My big worry - court will lose my letter or not prioritise it because its not an official application.
To 'grab headlines', ok for me to express post fresh D11 for MPS hearing? - then it will go before a district judge promptly.
I would attach the usual £50 fee and a Statement - e.g. my decrease in tax credits, now in overdraft, new budget, upcoming bills - last time they forgot to ask for statements. That may prompt my ex to put in another statement in response but the more information the better probably.
My covering letter can request cheque be returned if not needed.
Any big issues with that?
Customer: replied 1 year ago.
Oh and also Clare - can you please remind me, when I lodge statement do I have to send a copy to Respondent or does court take care of that?
Expert:  Clare replied 1 year ago.

You are entitled to file a formal application if you would prefer and your suggestion is a good one.

You shoudl always send copies of Statements to your ex - but wait until you know he has received the application

Customer: replied 1 year ago.
I'll start with a letter as you suggested seeking permission to file statement and earlier date (attaching statement) - by post and email - I've got direct email contact with a court Section Leader now - that's gotta help - if ignored I'll put in a formal application.For the FDA- could you please tell me what is meant by statement of open proposals?
Expert:  Clare replied 1 year ago.

It means what it sounds like - a Statement of what you propose which you are happy for the Court to say.

Customer: replied 1 year ago.
Ok, brilliant, so that's my chance to say how things should be divided and distributed (at last)?
It can be quite complicated then, in terms of pension and cars and spousal maintenance etc?
I've just noticed that should be pre-FDR.As I'm only at stage FDA, I've got to do something slightly weaker I think - serve 'offers and proposals' - for us that has been simply his very one-sided offer last year and my reply completely rejected it, with reasons. Is that good enough?!
Expert:  Clare replied 1 year ago.

For the FDA you do a Statement of Issues and also a copy of any offers already made and rejected.

When it comes to the Statement of Open Proposals yes it shoudl be comprehensive - but still the more straightforward the better!

Customer: replied 1 year ago.
Lovely.
Not so bad then - I'm ready with Statement of Issues, Chronology, Questionnaire - cool.By "file and serve" offers and proposals - I completely understand your definition of offer etc, but do I file/serve with a simple cover letter- there isn't any form to attach?I guess same question for Statement, Chronology etc - these also go with a covering letter not behind any specific form?
Expert:  Clare replied 1 year ago.

A simple covering letter is all that is required

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