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Judgement day !
#21
The evidence is weighed heavily in your favour. At your final hearing leverage on the existing evidence to push for what is right for your kids.

If the ex has any more fresh allegations, the onus is on her to prove them. If your ex is receiving support from agencies such as DA support, Womens refuge etc... then this is a good thing for her that she has support on hand. However, if she claims it is because of your actions then same applies as before, she will need to prove this.
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#22
Hello dads...here is a bit of situation...

So when I had my last hearing, Ex wanted to take it to the final hearing as she didn't agree with CAFCASS and she wanted to question CAFCASS and also produce evidence of "something against me" (mind all her allegations have bitten the dust), ok so far so good ! SO Judge ordered that both parties to exchange statements in 2 weeks which is now passed as of last friday. I haven't had nothing from Ex just yet. Only trouble was that court is taking long time to type the order.

Question - Is Ex supposed to comply with the order to exchange the statement within the time frame as set by the judge regardless the order come thru the post ? I'm pretty sure she is thinking she has got more time because the directions order hasn't come thru yet...the court is still working on the date for the final hearing too, which is slightly frustrating for me.
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#23
I'm not sure but my guess is yes. If the order was typed up on the day everything that was on it is still ordered and must be complied with, with or without the sealed paper.. For example I'm waiting for my order too but contact has already started as ordered on the day.

Are u done with your statement? Have u submitted it to court? I think u should file it at court so you are covered to have followed the order. Then email ex and just say something like hey as ur aware court ordered us to exchange statements on x date. I've filed my statement with court and am ready to exchange. Please let me know when u are ready to exchange and we can agree on a time.
Thanks

Even if she doesn't reply or she writes some rubbish lie to postpone it covers you that you tried and u followed court procedure.

Maybe someone with more experience will have another better way
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#24
The draft order that would have been agreed on the day should still be followed; everything included in that order would have been agreed by the both of you.

The court has ordered a filing date and you should comply with it; I would email your ex asking for an update and set them a deadline. If you don't hear back file your statement with the court along with the email evidence that you have tried to agree an exchange.

Is your ex represented? If so, then be weary of the underhanded games her solicitor maybe playing. Do not send your statement to the ex until you have received a confirmed exchange date and time from them.
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#25
Thank you Tigre, Leader.

Your statement about complying with the order even when its not typed makes logical sense of course. I just shot off an email politely asking for the same.
My suspicion is she is not represented but she might not want me to know of that. I'm representing myself too as I can't afford to pay for the solicitor anymore Smile
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