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Need some advice re divorce, the house and the kids

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  • #76
    Re: Need some advice re divorce, the house and the kids

    Thanks very much I called the court on friday to ask these questions and belive it or not they didnt know. They knew what happens when the court serves papers, timescales etc but the only thing they knew was that she was supposed to file a statement of service with the court. Ive emailed the court so many times and the hearing is on friday so im going to call them now and ill post back. Thanks very much for your help everyone x
    Last edited by akania; 1st October 2013, 09:41:AM.

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    • #77
      Re: Need some advice re divorce, the house and the kids

      Ok so just spoke to them. They have gone from being very helpful if not a little limited in knowledge to being very unhelpful, must be having a bad hair day Anyway the woman i spoke to said that they have received my numerous emails they are not sure but they think that leaving the papers with the receptionist at his solicitors is good enough....even though the receptionist and cafcass said it wasnt and because its so close to the hearing its probably best to turn up and tell the judge his concerns about not being served properly !!!!!! GRRRRRRRRRR this is so frustrating because he still doesnt know whats in the papers ! The woman at the court has put the email that i wrote on his behalf stating his concerns into the judges urgent box, (heard it all now) and the judge will advise. Dont know when but he will lol.

      I actually might bang my head on a wall in a min

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      • #78
        Re: Need some advice re divorce, the house and the kids

        Ok update i am waiting for a solicitor to call, free advice one just to see if she knows. Another solicitor i spoke to he didnt specialise said its ridiculous that the court doesnt know. My friend called the court and spoke to someone different and they said that they are sure it should be a months notice once the papers are served.
        Last edited by akania; 1st October 2013, 16:12:PM.

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        • #79
          Re: Need some advice re divorce, the house and the kids

          Ok i got an email back from the court. The judge has looked at the emails and he still wants the hearing to go ahead on friday so he is sending a court baliff round tomorrow with the papers. So thats that i guess, cant go against the judge !

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          • #80
            Re: Need some advice re divorce, the house and the kids

            Originally posted by akania View Post
            Ok i got an email back from the court. The judge has looked at the emails and he still wants the hearing to go ahead on friday so he is sending a court baliff round tomorrow with the papers. So thats that i guess, cant go against the judge !
            Ok first things first, the Court cannot give any advice at all. There was a case where the Court gave advice and got slaughtered for it, so they will not, and more importantly are not legally trained.

            Turing to the question of service, i think you would have a brave judge to find defective service. The reason i say this is, if documents are served on the solicitors practice, then they are served. They would not be served however if the solicitor hasnt been nominated to accept service, but if the solicitor got the docs, passed them on, and you were on notice of the documents then the Judge would most likely take that as good.

            so it pretty much seems to depend on whether the solicitors were nominated to accept service or not.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

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            • #81
              Re: Need some advice re divorce, the house and the kids

              Ok well the judge has now appointed a bailiff to deliver them tomorrow so that's that I guess. Game on on Friday !

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              • #82
                Re: Need some advice re divorce, the house and the kids

                Ok so he's just read the papers. They are accusing him of domestic violence from the beginning if the marriage towards her and the children. Verbal and emotional abuse, mistreating the children by feeding them junk food and sending them to school in dirty clothes . Also that he's on his second relationship since they split in December which is confusing the kids. He's got the opportunity to fill out the forms disagree and write a statement of his events but as the court case is on Friday if he posts them to the court and a copy to his ex tomorrow even by special delivery it's cutting it fine. Can he take his copies to the court on Friday for the court and his ex seeing as he only got the papers today? Also isn't it illegal to lie on these papers ?

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                • #83
                  Re: Need some advice re divorce, the house and the kids

                  Originally posted by MerceyBrown
                  Hey you can sort of all your worries from professional divorce lawyer believe me i Personally experienced. Visit the link here you can find all contact details
                  http://www.divorcenewjersey.net/
                  Do they do home visits?

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                  • #84
                    Re: Need some advice re divorce, the house and the kids

                    Any updates akania???????

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