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Late statement and evidence for NMO
- Thread starter uzzy41
- Start date
Counter the NMO against you by requesting one against her? That doesn't sound like good advice to me! It won't look favourable by the court either. Just two ex's tearing chunks out of each-other when the focus should be 100% what's best for children.
That's seem's laughable when the ex is trying to ruin your position as a father which isn't what is best for children, but you've got to try and rise above it.
If your ex hasn't provided her own statement and evidence for their own NMO against you... They wont get very far...
As DadLad said Court wont care if they are late. Mine was late - no interest. Just resend the email to court including the ex/solicitor and clearly state what it says in the order (or whatever it is) that gives the dates to provide statement/evidence.
Otherwise hold tight and hope they have given up? we wish........
As DadLad said Court wont care if they are late. Mine was late - no interest. Just resend the email to court including the ex/solicitor and clearly state what it says in the order (or whatever it is) that gives the dates to provide statement/evidence.
Otherwise hold tight and hope they have given up? we wish........
See I’m the repsondent , why is the her Solictors asking for my exhibits / evidence first?
They have been ordered to say why they want the NMO to continue. Then I have the chance to defend it .
Hi guys still no statement evidence from the applicant , I’ve emailed the courts aswell .
In a nut shell on the return hearing, I submitted my statement but with no evidence attached , the judge looked at her statement and application for the NMO he said it’s disjointed , but why is her solicitor asking for my exhibits and saying she wants to respond back to my statement and evidence where it clearly states in the order that the applicant shall file a narrative to why she is want the NMO to continue , spoke to my barrister who will be representing me said I’m right they are not responding to my statement as it’s her application.
I’ve just put my own application of c100 in aswell for interim contact but in the long term to be shared.
I’m using a paralegal to help me with my forms ( ex Solictor for ten years ).
I’ve put my case forward but I was scared with the evidence I have so I was worried that she may make up other false allegations against me but I’ve been advised if she does that then she will be questioned why it wasn’t in her concerns in her original application ( is that right )
In a nut shell on the return hearing, I submitted my statement but with no evidence attached , the judge looked at her statement and application for the NMO he said it’s disjointed , but why is her solicitor asking for my exhibits and saying she wants to respond back to my statement and evidence where it clearly states in the order that the applicant shall file a narrative to why she is want the NMO to continue , spoke to my barrister who will be representing me said I’m right they are not responding to my statement as it’s her application.
I’ve just put my own application of c100 in aswell for interim contact but in the long term to be shared.
I’m using a paralegal to help me with my forms ( ex Solictor for ten years ).
I’ve put my case forward but I was scared with the evidence I have so I was worried that she may make up other false allegations against me but I’ve been advised if she does that then she will be questioned why it wasn’t in her concerns in her original application ( is that right )
Sounds like the Judge got a handle on what your ex and her solicitor were up to. So what is the outcome from the NMO hearing? Has it been adjourned? Good that you have your C100 in. I agree don't counter claim for an NMO. If you actually have serious need for an NMO at some point that can be done at a different time or in a different way.
Her solicitors were doing dirty tricks - trying to see your evidence before they submitted to court, so they could try and undermine it in their evidence. They can't do that if you have a solicitor as there are protocols - they do dirty tricks with LIP's. Judges are there to do a job. They get annoyed when lawyers don't follow the rules and it will influence their view of the situation, but mainly they just get frustrated that they can't do their job properly on the day. They may tut at a lawyer failing to submit on time etc, but there isn't much they can do about it. It's a quirk that lawyers cannot be punished for failure to follow orders! Whereas parents can.
Update us on where the NMO situation is at!
Do not miss the telephone interview with Cafcass. They won't call back. If you miss it they will write their report solely on what the Mother says.
You need to prepare a bit for the Cafcass call - it's very important as to how the rest of the process can go. You want them onside and to do that you need to say nothing bad about the ex - avoid talking about her at all if you can. Keep it 100% child focused. That is all they want to hear - are you the parent who is child focused? The mantra is "I just want the children to have happy loving relationships with both parents and in both homes".
Her solicitors were doing dirty tricks - trying to see your evidence before they submitted to court, so they could try and undermine it in their evidence. They can't do that if you have a solicitor as there are protocols - they do dirty tricks with LIP's. Judges are there to do a job. They get annoyed when lawyers don't follow the rules and it will influence their view of the situation, but mainly they just get frustrated that they can't do their job properly on the day. They may tut at a lawyer failing to submit on time etc, but there isn't much they can do about it. It's a quirk that lawyers cannot be punished for failure to follow orders! Whereas parents can.
Update us on where the NMO situation is at!
Do not miss the telephone interview with Cafcass. They won't call back. If you miss it they will write their report solely on what the Mother says.
You need to prepare a bit for the Cafcass call - it's very important as to how the rest of the process can go. You want them onside and to do that you need to say nothing bad about the ex - avoid talking about her at all if you can. Keep it 100% child focused. That is all they want to hear - are you the parent who is child focused? The mantra is "I just want the children to have happy loving relationships with both parents and in both homes".
I'm a bit confused about the NMO. Thought you'd already had a hearing because you mentioned the Judge commenting on them not sending their documents? Or is this an adjourned hearing because the last one couldn't achieve much? So the statement and evidence. Is there an order that says you have to exchange statements and evidence and submit them to court? Or is it just submit them to court by a certain date?
You can't send evidence with a C100. It's not admissable. The application might not be accepted. How long since you sent the application? I would ring the court and speak to a clerk and explain you didn't realise evidence wasn't admissable with a C100 and ask them if you should resubmit your application. Did you submit a C1A as well? It's not usual to submit a C1A as that is for abuse by the other parent to the child, but you can submit evidence with a C1A that accompanies a C100.
Have a look at the C100 guide on here. It's not finished by the way but is mainly about how to complete the form. The important bit is 5b - the wording of that is really important as it can set you on the right or wrong foot with Cafcass.
Although guessing they must have accepted your C100 if you have a Cafcass call. In which case did you get court papers for a hearing date for the Child Arrangements application?
You can't send evidence with a C100. It's not admissable. The application might not be accepted. How long since you sent the application? I would ring the court and speak to a clerk and explain you didn't realise evidence wasn't admissable with a C100 and ask them if you should resubmit your application. Did you submit a C1A as well? It's not usual to submit a C1A as that is for abuse by the other parent to the child, but you can submit evidence with a C1A that accompanies a C100.
Have a look at the C100 guide on here. It's not finished by the way but is mainly about how to complete the form. The important bit is 5b - the wording of that is really important as it can set you on the right or wrong foot with Cafcass.
Although guessing they must have accepted your C100 if you have a Cafcass call. In which case did you get court papers for a hearing date for the Child Arrangements application?
I’ll explain again . Original allocation of the NMO which was made was ex parte , went to the hearing which was 7 days after and the judge looked at her application and asked for it to be done again with supporting evidence, the judge give 14 days which now has lapsed.
Hang in there! Ok so good the Judge told her to do it again. Although she hasn't resubmitted on time, she might do so late and it be accepted. At some point you might need to call the court and ask them if they've received this from her. In case they are slow sending you out a copy.
Dirty tricks by ex's and their solicitors can include - only submitting the requested info the day before a hearing, not sending you a copy, and the court then not having time to send you a copy. So if there is another hearing due on the NMO, check a week before if anything has been received by the court, and if it hasn't, politely email the court stating that as the court has not been provided with the evidence requested on time, or by x date, you have been unable to see this either, and ask for the email to be passed to the Judge. So Judge is aware you're unable to prepare for the hearing. Don't do it yet. Wait till next hearing date and a week before.
Start preparing for Cafcass call. This is really important to avoid delays later and you need Cafcass onside. A week or so before the call, post on here and ask for tips on how to prepare for the call.
Dirty tricks by ex's and their solicitors can include - only submitting the requested info the day before a hearing, not sending you a copy, and the court then not having time to send you a copy. So if there is another hearing due on the NMO, check a week before if anything has been received by the court, and if it hasn't, politely email the court stating that as the court has not been provided with the evidence requested on time, or by x date, you have been unable to see this either, and ask for the email to be passed to the Judge. So Judge is aware you're unable to prepare for the hearing. Don't do it yet. Wait till next hearing date and a week before.
Start preparing for Cafcass call. This is really important to avoid delays later and you need Cafcass onside. A week or so before the call, post on here and ask for tips on how to prepare for the call.