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her solicitor failed to exchange final statement
#1
any help please???

I delivered my statement a day early for the court, her solicitor and an email to the cafcass officer.
I waited until deadline has passed and contact her solicitor, twice, but did not managed to speak to anyone.
I have also tried to contact the cafcass officer by phone but had no answer. I have left a voice mail asking if she had received a copy today.

The deadline was set by the court for 27/06/18 4:00pm

What I should do? I am self representing in court.

Thank you
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#2
You MUST make sure that you are given time to read and digest her statement before responding.

These shenanigans should NOT be allowed by solicitors.
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#3
I think there is supposed to be a time agreed between solicitors for exchanging them usually - mine was done by email between solicitors at the same time. Email the court and tell them you haven't received her statement. If you don't have the court's email address then ring them, ask to be put through to the family section and ask them for the email address. If you email, then it's in writing. And copy the email to her solicitors! So an email confirming you delivered your statement to court and solicitors by the deadline yesterday and have not received their statement and had no response when you called.

Your email may be passed to a Judge who can say what's what next (sorry to be vague but they need to know if someone has had an advantage).

The reason they are "exchanged" at the same time is so no-one gets forewarning and alters their statement after seeing yours.

I think solicitors can get an extension on the deadline from the courts but if they'd applied for it, someone should have notified you.
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#4
I made the same mistake at my first hearing. You should never exchange with the other party until they are ready to exchange too. 

In your case, you should have submitted your statement to court by the deadline (4pm on 27 June), and subsequently waited to exchange with the other party until they suggested they were ready to exchange. A delay of up to one week does not make much of a difference.

Unfortunately, in your case, the other party has a copy of your statement and is likely to amend theirs to respond to any points you have raised. There is not much you can do at this point, except try to make a mention of this in your position statement to the Judge when you go to court, but note that it will probably simply be glossed over as a technicality.
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#5
You could ring the court and ask them not to release your statement to the other side until they have filed theirs.
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#6
Hi, my ex never even handed in a statement for the first 3 hearings, she then handed her last 2 in on the day and then tried to claim to the court that she thought the date to hand in was a different date, mind you the date she said was still before the hearing and she never did it anyway. But she also claims that she never gets mine or any paperwork for the hearings also. First time she handed it in my Mckenzie friend said to her that i need to see it beforehand and that she needed to go and get a copy of it for me. The 2nd time, which was supposedly the final hearing she decided not to say she had handed a statement into the court on the day and we only found out on going in. Luckily the court adviser told her it was late and they have not read it, but in any case it would make no difference to what was going to happen. He also told her that she needed to give me a copy. Hers were only ever full of all the same rubbish anyway. I dont know your situation but my ex just did not want contact and she just wrote a load of rubbish about me.

Anyway tbh the courts didnt seem too bothered at all that she hadnt done any of them, never said a word to her. All they say is that we need to hand each other our statements on a certain date before the next hearing. She just claims she never got mine and carries on the same way. The courts have only ever inclined once that they have even read the statements at all. They have never asked me about whats in them once apart from that my contact recommendations are there, but they must read them im sure.

I would say never exchange before you have the other parties statement but in my case it made no difference really as there was nothing she could say or do that would change anything anyway. I pretty much knew what sort of things would be in there so wasnt really surprised. But then as i said ive never been asked about any of them anyway. The courts have just followed what cafcass and the section 7 report has said.
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#7
They are taking advantage that you are self represented. dont rise or react . some solictors are good some arent. you up against one that likes to play games and bend the rules. Courts usually dont do much about it.
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