Hi, I cancelled several courts orders as we discussed previously, and then put in a fresh contact order only on Monday, I'm waiting for them to send me the details to serve, but today I've received an email from my ex partners solicitor asking my why have I not served the order ? How would she know about any order I've done, as I did not serve it ?
Province/Country relating to question : uk
Hi, I cancelled several courts orders as we discussed previously, and then put in a fresh contact order only on Monday, I'm waiting for them to send me the details to serve, but today I've received an email from my ex partners solicitor asking my why have I not served the order ?
How would she know about any order I've done, as I did not serve it ?
HiThere is nothing sinister about this - it is entirely possible that they phoned the court and asked if you had issued the application that you had threatened to make and the court simply said yes.I have done it myself a number of timesClaire
Hi, ok I see what you're saying but "I either smell a rat" or I'm paranoid?
I've never threatened court action, her solicitor told me her client has requested contact is made through the courts, and fromk what your saying can anyone just ring up a court and ask if any applications have been made?
This doesn't make sense to me, an order was applied for, and not even served, they should not of knon anything because I hadn't served anything?
I suspect her solicitor has gone fishing? or I wonder if the court has contacted her? are they allowed to.,? when I submitted the application and it came back to me to serve in the post are people informed by the court like cafcass ? Do you think cafcass have been involved already because she has contacted them ?
I don't trust her, or the solicitor and want to make sure I'm at least one or two steps ahead of the game, becasue games are her speciality! I know because I assisted her playing them over 10 years with her previous partner!! thats how de ja vue this is.
How do I answer her solicitor's question, which is why have I not served an order ?
I still can't understand how and why she knows about it?
Something is not 100% here?
HiMaking the application will have triggered a referral to CAFCASS in any event and it may be your ex has heard from themThe most likely explanation is that the solicitor has phoned the court - the fact that you were likely to make an application was obvious.The court will not have phoned her The fact is that you are no longer taking the path expected of you and that will unbalance them.A simple response saying that you are awaiting paperwork for service will sufficeClaire
Ok, I did wonder if they were worried as to what may be going on , which for a change is becasue they are waiting for my next move as such, and not me waiting for what she thinks and wants to happen which is for my children to never see me again!
The only other concern is on the evidence and details that I submitted previously if cafcass did see this, and they have then since been informed I've withdrawn this application and put in another one which in comparison virtually says nothing (After your advice) other than names and addresses etc..then they may questiuon my motives, but I don't have an issue with this because if they do question this my first application is the truth of the matter detailling all her issues, but after advice I preffered to not serve this as I felt it would cause further distress to her and could cause issues with my contact with my sons.?
When will cafcass be in touch with me? once I serve the new application?
HiCafcass will contact you in the week before the hearing (indeed possible in the week before the original hearing was scheduled as paperwork can get confused)Your explanation will be fineClaire
25 years experience of all aspects of family law
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