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Directions Hearing
#1
Hello all

Just after a little bit of advise please & don't really know where to go.

I am self-representing in the family court and I don't really want to spend ££££s on this if I can help it. My ex is in receipt of legal aid somehow.

At the FDHRA on 20th September in the Interim Order it was stated that my ex had to provide a schedule of allegations to back up the accusations she made in the CAFCASS telephone interview. She was supposed to share these with me by 22nd October, but as of today (13th November) I have received nothing.

I have until 19th November to respond and file the court bundles - I have no solicitor so this has been listed as being her legal rep's responsibility. But I have heard nothing on this since receiving the sealed Interim Order (which is for 2 hours every week in a dusty, dirty contact centre). I am starting to get nervous about the next hearing on 27th - I have prepared a position statement, have logs of her threatening text messages and evidence of when she withdrew contact that lead to the c100 being filed - but I am confused as to what to do next. I am worried about going to see a solicitor because a) I may spend a lot of money for the hearing to be adjourned, b) They may not be available on 27th anyway (short notice) 

What do you advise I do? What is going on here?

Thanks so much.
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#2
That sounds like a fact finding hearing ? I have a similar situation as court ordered EX to come up with list allegations as well. We both were advised (strongly) to seek legal help (solicitor). I would reach out to court to tell them that you haven't received the papers just so they know. I would have also reached out ex'es solicitor just to make sure they are still wanting this hearing on Nov 19 (or not) so that you know where you stand for that hearing. In the meantime keep all evidences ready regardless.
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#3
I dont think this is a fact finding hearing. If you check your paperwork it sounds like a contested final hearing. If she hasnt provided any evidence its probably she hasnt got any or you will get it at some stage this week. Being in a contact centre is normal if an ex partner is refusing access.
Unfortunately in family court ex partners can make up blatant lies and cause massive disruptions between their father and children as they get away with it and some solictors are more than happy to complicate matters also using delay tactics. If she hasnt got any evidence it will get swept to one side without much being said and they will try and arrange access . almost always if this happens cause a horrible ex partner jumps from supervised to loads of contact they leave court been praised and smiled at by family courts and not a word said about what they put you through.

If it was a find a fact hearing they would of said at FHDRA so can only imagine its a contested final hearing, also should tell you if its a 1/2 day hearing or a whole day hearing
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#4
Hi there
Its a hearing to determine whether a fact finding is needed, a "Pre-Hearing Review". Its listed to last for 30mins in front of a lay bench.
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#5
(11-13-2018, 12:36 PM)tempe_arizona Wrote: Hi there
Its a hearing to determine whether a fact finding is needed, a "Pre-Hearing Review". Its listed to last for 30mins in front of a lay bench.

Useful read -
 
https://www.justice.gov.uk/courts/proced...d_part_12j

I believe you are referring to point '19.m'
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#6
I think they should decide to have you come back for a contested final hearing. You are self represented, your ex and her solicitor have failed to meet what is required from the court and you still havent received nothing. 30 mins hearing isnt very long , for it to be any chance of find a fact hearing the courts would expect loads of evidence produced on time . One thing they would be achieving if they done this is delay tactics as the next hearing could of been the final hearing and now it wont be .
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#7
(11-13-2018, 09:40 PM)warwickshire1 Wrote: I think they should decide to have you come back for a contested final hearing. You are self represented, your ex and her solicitor have failed to meet what is required from the court and you still havent received nothing. 30 mins hearing isnt very long , for it to be any chance of find a fact hearing the courts would expect loads of evidence produced on time .  One thing they would be achieving if they done this is delay tactics as the next hearing could of been the final hearing and now it wont be .

Went to see a solicitors today. Turns out the horrible cow's legal reps sent the response to THE WRONG EMAIL ADDRESS (some random account) a few weeks ago which has given me less than a week to respond.

Her laughable excuse of a statement and schedule, which is all based on fictional accounts, exaggeration and outright lies, has no witness statements, no evidence and is basically going to boil down to her words against mine. 

So I'm just going to deny the lot. It's wicked stuff purely aimed at coercion and control and to keep our daughter in a dusty, drafty contact centre forever. I'm going to be represented from now on, as it's most likely going to go to a fact finding, given the allegations she has made. Given the fact that she'll probably pull out all the onions to give a nice little play, the evil narcissistic ***, I'm worried about what a female-dominated lay bench will think. But she'll have to face my barrister when presenting her lies.

And I'm now £500 lighter too. Money I could have spent on my daughter.
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#8
I swear I could have written exactly same about my ex and the exact situation. Good call to get a legal representation.
They all do the same, come up with the most preposterous allegations that we as blokes can’t even to start to imagine and obviously without any evidence. Typical. By the way were you supposed to get evidence along with schedule of allegation or just the allegation ?
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#9
There is no evidence in these incidents. No witnesses. It's just her word against mine!
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#10
It shouldnt be a find a fact hearing, she was asked to provide evidence. they have clearly lied by saying they sent it to wrong email address, thats what solicitors that arent child focused do. play games and do whatever they can to wind u up. Sometimes its best to get presentation for the final hearing to stamp out their nonsense as they cant pull stunts like that when u have representation yourself. It should due to no evidence provided be a contested final hearing rather than find a fact hearing and also your representation can highlight their failure to do what was required from courts. sending it to wrong email address is very poor excuse and using family courts to obstruct /delay contact
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