I am going through a court case with my ex so I can move with my daughter , my ex has lied in court and in his statements, he has now ignored the court ruling to file a statement and is a week late with his statement can I get the case dropped for his ignorance to the judge saying he had to file it and him not doing so

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Originally Posted by penny76

... can i get the case dropped for his ignorance to the judge saying he had to file it and him not doing so

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Probably not. Your remedy would be to ask the court to hold your ex in contempt of court.

But you don't want the case dropped anyway, do you? You said you need the court to allow you to move with your daughter.

By the way, "ignorance" means to be unaware of something. I think what you are asking about is your ex's ignoring the judge.

Thank you, and yes your right that's what I meant, I am trying to move 2 hours away from where my ex lives he only ever had contact with our daughter once a week for 4 years but he has lied in court saying he had her all the time and lived with me till jan last year. He has lied on most of his previous statements which I now have some proof of and now he is over a week late for filing his statement, I have offered him half of every school holiday and have also said I will do all the travelling to make sure his contact can happen. I am hoping his failure to file his statement on time will help my case. Do you know how I can file for contempt for this ?

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Originally Posted by penny76

... do you know how i can file for contempt for this ?

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Yes I do, but the procedure may vary somewhat depending on the local practice and rules in your jurisdiction.

In general, as with all motion practice, you file a request with the court (entitled "motion"). I would call it "Motion that (Plaintiff, Defendant, or whatever he is called in your case) be Required to Show Cause Why He Shouldn't be Held in Contempt of Court". Recite the facts (He was ordered to do such-and- such by a certain date and hasn't done so.). Accompany this with an order for the judge to sign scheduling a show-cause hearing. Send copies of all of this to your ex, and then file it, along with proof of servce on your ex.

PS: I just noticed you are in Sussex. The practice may well be very different from what I described as, obviously I am in the U.S.

I would handle this differently. I would submit a motion for a default judgment. Ask the court to rule on your request to move since the father has failed to submit the documents ordered by the court.