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Nisi not granted - query with paperwork

  • ladybirdy
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19 Nov 08 #66601 by ladybirdy
Topic started by ladybirdy
Hi

My partner has sent off his application for direction for trial, based on 2yr sep, with consent.

It has come back as the judge not being satisfied with the evidence. This is whats on the letter >>>>>>

''paragraph 6 of the petition is incorrectly completed. This should be a reference to the woman in the Petition. This can be corrected in the Affadavit at paragraph 2''

What does this mean, paragraph 6 relates to ''no other child has been born to the petitioner/respondent during the marriage.....''...........we crossed out respondent, was this wrong?

The paragraph 2 in the affadavit is ''do you wish to alter or add to any statement in the petition?''......we put that although the respondent remarked she had not received the statement of arr for the kids she actually had and we had been assured by court staff this had been sent out with the petition.

Can anybody help. I know this is a convoluted query but I actually dont think it should be, it seems we just made some silly mistake but I cant identify what we need to say/cross out/ insert?!?.

Thanks.

  • saffron1968
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19 Nov 08 #66608 by saffron1968
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Hi Ladybird

Not sure about this, hopefully someone will be along soon to give you some advice or i suggest if it can wait until tomorrow, you could go into the Legal Advice Surgery...its every week night between 6pm and 8pm on here, look at the home page.

Good luck

Saffy xx

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20 Nov 08 #66652 by ghosthunter
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When a mistake was made on my petition I had to raise an affidavit to support the petition correcting the mistake (at a cost obviously) the only trick is in your case is to spot the error. So you'll need a supporting affidavit I believe.

  • ladybirdy
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20 Nov 08 #66764 by ladybirdy
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Thanks you both for your help but what I really could do with is some practical advice on the wording, what have we done wrong? How do we go about altering it?

thanks

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