Need some advice re divorce, the house and the kids

[akania]

Re: Need some advice re divorce, the house and the kids

Inca dont leave me lol!!

[akania]

Re: Need some advice re divorce, the house and the kids

I need to know what he has to say to the court as cafcass have told him to ring by lunch

[akania]

Re: Need some advice re divorce, the house and the kids

Ok little update. I called the court and they confirmed that a statement of service had not been logged with the court. Apparently this is required when an individual without legal representation takes another to court. I explained that for him to attend court next friday without any papers or time to prepare or seek legal representation is ridiculous and the court agreed. I also asked how long he should have been given in order to prepare and apparently it is a grey area and no one knows! They suggested that I email the court which I have done and i am waiting for a response. The only other thing that he can so is turn up and tell the judge that papers havent been served and ask for the hearing to be adjourned.

[Inca]

Re: Need some advice re divorce, the house and the kids

Ok little update. I called the court and they confirmed that a statement of service had not been logged with the court. Apparently this is required when an individual without legal representation takes another to court. I explained that for him to attend court next friday without any papers or time to prepare or seek legal representation is ridiculous and the court agreed. I also asked how long he should have been given in order to prepare and apparently it is a grey area and no one knows! They suggested that I email the court which I have done and i am waiting for a response. The only other thing that he can so is turn up and tell the judge that papers havent been served and ask for the hearing to be adjourned.

Oh that's excellent hun.....he needs to keep up on stuff like this....Judgeydudes don't like folks who annoy them x

[akania]

Re: Need some advice re divorce, the house and the kids

Thanks Inca as soon as I hear back from the court ill let you know. She just called him saying if he doesnt turn up she wins by default and shes going to win anyway cause hes too stupid to do anyhthng about it. Ive just had a go at him for calling her cause ive said so mant time to only deal in texts so he has written proof of everything.

[akania]

Re: Need some advice re divorce, the house and the kids

Ok apprently she called him. Still had a go at him from answering lol

[Inca]

Re: Need some advice re divorce, the house and the kids

So,,he needs to start recording the phone calls...BUT make sure he tells her that she's being recorded as I'm pretty sure they cannot be played to a 3rd party if they are done on the sly and he MUST remain within the boundaries of the law,,clean hands and all that.
(if I'm wrong about the legalities of the recordings I'm sure someone will pop in and correct me )
Am popping out for a while now..I'll pop back on here when I get back

[akania]

Re: Need some advice re divorce, the house and the kids

Ok i have told him. I have emailed the court again. They have sent back an automated email saying it will take 10 days for a response, havent really got that long. I think if they dont get back he should turn up and tell the judge he hasnt been served and hopefully they will adjourn.

[akania]

Re: Need some advice re divorce, the house and the kids

ok so shes just dropped the court papers off at my friends solicitors and left them with the receptionist as his solicitor isnt there today. the receptionsit has just phined him and asked if he can come and pick them up. is it ok for her to do that? does this mean that they are served ? and within the right time frame?

[Inca]

Re: Need some advice re divorce, the house and the kids

I'll see who else is around to help with the 'courty' bits hun..cos I do not have a scooby on the service of papers..bear with me

[labman]

Re: Need some advice re divorce, the house and the kids

Part 6 of the CPR's deals with service of documents. Here's a link:

http://www.justice.gov.uk/courts/pro...l/rules/part06

:beagle:

[akania]

Re: Need some advice re divorce, the house and the kids

So by reading 6.5 then it's not ok to leave it with the receptionist as she is not a senior person. Also I can't find through that document about timescales ? I rad somewhere bout 24 hours but surely that can't be right?

[Inca]

Re: Need some advice re divorce, the house and the kids

Have asked one of the Site team to pop in hun..he's very good and hopefully will just have yes/no answers to your questions so ,once again,bear with cos he is a very busy man xx

[pt2537]

Re: Need some advice re divorce, the house and the kids

Hi. Im in court all day today but remind me tomorrow or even this evening and ill take a look for ya

[Inca]

Re: Need some advice re divorce, the house and the kids

Aww cheers PT..most appreciated