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First hearing but not asked for any statement

Posted by wasd 
First hearing but not asked for any statement
May 09, 2021 01:03PM
Hi, I have an upcoming first hearing for children matters but I have been told it is a non attending hearing and it will all be dealt with on paper. I guess this is because of COVID restrictions. But the thing is no-body has asked me for any kind of statement. I filled in a returned my acknowledgement form to confirm receipt. But nowhere have I been able to give me position or any kind of statement. I phoned up the court enquiries and they said if the court want any information from me they would have directed me to give it to them which they haven't, but they said I am able to send them an email if I feel the need to. I'm not sure what to do now, I've not been directed to give any information but the hearing will go ahead without any information from me on my position. Should I send an email with my position statement to them or just leave it?

Any advice greatly appreciated. Thanks.
Re: First hearing but not asked for any statement
May 09, 2021 04:24PM
>>Should I send an email with my position statement to them or just leave it?

You should, yes. Please note, though, that when you email the court you must CC that email to the other side (so that the court can see it has been CCd to the other side). You can only rely upon it (and the court will only look at it) if proper notice of the content has ben given to the other side.
Re: First hearing but not asked for any statement
May 10, 2021 12:45AM
Thanks for the reply. I was just writing a letter but just checked the documents I received. There is an order and under Compliance it says "no document other than a document specified in this order or sent/delivered in accordance with the rules or any practice direction shall be sent/delivered by any party without the courts permission." Does this mean I'm not allowed to send a letter after all?

It also says it's a "Gatekeeping review" in the order (although in the notice of proceedings it calls it a "Directions Appointment"), so I don't know if that is something more administrative and can be done without the parties which might be the reason why I've not been asked for a statement? It still seems a little odd not to give my position though.



Edited 1 time(s). Last edit at 05/10/2021 12:50AM by wasd.
Re: First hearing but not asked for any statement
May 10, 2021 10:40AM
I am sorry but to receive proper advice about this you need to make an appointment to see a solicitor and takes copies of all the paperwork with you. There is obviously more to this than can sensibly be dealt with by a summary of what the documents are said to contain.
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