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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3464
Experience:  LLB (Hons)
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I have a final contested hearing about child arrangements in

Customer Question

I have a final contested hearing about child arrangements in 2 days time. The respondent still hasn’t sent her statement in and I believe this is a tactical move so that I am unprepared on the day of the hearing with any comeback and for me to make rash decisions on the spot. I’m a litigant in person so is she. The court has said regardless of her sending a statement in the hearing will go ahead. I was late sending my statement in but that’s was because I never received their order which was sent by post, as soon as I got it though I sent it back the same day. The respondent has had 15 days at least to return hers. What should I do?
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Hi, I'm Lea

I am sorry to hear of your dilemma. Unfortunately there isn't anything you can do other than contact the other party and ask for a copy of her statement. If she doesn't send it ahead of the hearing, then you will need to raise the issue before the court at the hearing. You can ask for her statement to be disregarded as she has not complied with providing it ahead of time and as such you have had no time to review it.

It's unlikely they'd refuse her statement as you are both litigants in person, but there is no harm in asking, particularly if she has done the same thing at previous hearings.

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Customer: replied 14 days ago.

Thankyou, is there any way of asking for an extension so i have time to review what shes written?

Expert:  SASH_Law replied 14 days ago.

Yes, you can ask the court on the day of the hearing - but as it is a final hearing, it is very unlikely that they will adjourn. Doing so will mean the next hearing would be unlikely to be listed again until early next year - the court are unlikely to want to do that as one of its tasks is to ensure there is no delay for the children.

Customer: replied 14 days ago.

Thankyou, what about if i decided i wanted to get representation could it be adjourned on those grounds? I didnt think i needed it but now i do, i am going to be going in totally blind to what shes going to say, not even a clue its a totally unfair disadvantage like ive laid all my cards on the table and shes laid none. Not to mention shes much better with words than i am ill just end up saying the wrong thing

Expert:  SASH_Law replied 14 days ago.

No, again unlikely due to the delay.

The court would likely consider that had you wanted representation you would have been able to get it before the hearing in two days. But again, there is no harm in you actually asking.

I can't imagine that given this is a final hearing that you have absolutely no idea of what she's likely to say - much of it would have already been said at previous hearings, and this final hearing is just to listen to those objections and for the court to make a decision.

Customer: replied 14 days ago.

Oh no believe me i have no idea. We both didnt say much at all at the first hearing, all she said was she didnt agree with what i wanted in my statement. They then said right both send in a statement of what you want as neither of us really spoke. Ive then rang her and asked her since and she stills says nothing apart im not doing what you want. I say well what exactly do you want and she changes the subject. Believe me ive tried everything to try get even a hint of what she wants but shes purposely doing this. Is that normsl that therewould only be 2 hearings ?

Expert:  SASH_Law replied 14 days ago.

If there were only two hearings it tells me that there are no real concerns being put forward, or there would have been investigations. Which means if she doesn't come up with a good reason as to why she doesn't agree with your proposal, then she's not going to get what she wants.