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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
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 the respondent, my ex is taking me to court for 50/50

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I am the respondent, my ex is taking me to court for 50/50 custody of my son.
We have been going through the process and it has now been listed for a hearing.
He is the applicant and his solicitor was a week late serving the documents.
I do not have legal representation. Is there anything I can do as they were late?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and how far has the case reached?
What documents had to be served?
Customer: replied 3 years ago.
We had 3 hearings in front of a district judge, she tried to get us to mediate but my ex partner would not engage with it. She has now listed for a hearing.
He had 4 weeks to file and serve his statement for the listed hearing of which the directions is in January. I then had 4 weeks to reply etc. but I received the documents a week late .
My son is 3.
He currently sees him every other weekend Friday-Sunday and for 3 hours each Wednesday.
I just wondered where I stood.
What extra time is he asking for?
Do you need extra time to respond to his statement?
Customer: replied 3 years ago.
He hasn't asked for extra time, he just served them a week late...
Now I've got less than 3 weeks to reply.
Is there nothing the court can do like throw out the car as he failed to comply with the time scale?
My apologies - what extra time is your ex asking to have with the child?
Do YOU need extra time to reply to his statement?
Customer: replied 3 years ago.
Sorry, he's asking to have him 50% of the time
Do you need extra time for your statement?
Customer: replied 3 years ago.
Not really
Then whilst you can mention that the Statement was late I am afraid that it has no other significance.
However there is amply research available to you showing that 50/50 shared care of the under fives is not a good option and does not promote satiability and security.
Be sure to refer to the research - but NOT to the suggestion that there shoudl be no overnight contact - that study has been discredited
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you