How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

How do I stop a hearing going ahead tomorrow in the family

Customer Question

How do I stop a hearing going ahead tomorrow in the family courts to discuss Shared Residence when I have informed the Judge that I have a prior commitment and that I need reasonable notice to prepare but the other side are pushing the Judge to go ahead in my absence.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
What is the Prior Commitment and have you made a formal application for an adjournment
Claire
Customer: replied 4 years ago.

No I haven't made a formal application, I have sent an email to the Judge as its so short notice but the Guardian in the matter has said he can order Shared Residence if he wants to she doesn't mind, but I want to adjourn it as I have serious grave concerns and need to adjourn the hearing urgently and as ask for a reasonable amount of time to address those concerns. How can it possibly go ahead without the mother in attendance. Prior commitment was our daughters school carol concert.


 


I need to make an emergency adjournment against the recommendations of the guardian.

Expert:  Clare replied 4 years ago.
Hi
When were you given notice of the hearing date?
Is this a final heraing or a directions hearing?
Claire
Customer: replied 4 years ago.

It's a final hearing and I was sent an incorrectly drawn order stating that it would be held on Friday 14th not tomorrow and was informed by the guardians solicitor that it was 12th not the 14th last friday. The guardians solicitor said that she informed my solicitor who was instructed at the time on 14th November but she did not let me know because I had to let her go due to finacial constraints. Meanwhile, I received the incorrectly drawn order in the post. I don't know how to adjourn it on this basis as the guardian says an order can be made but surely an order can't be made without a mother in attendance and that a mother should have reasonable notice plus be allowed to adjourn if she has a prior commitment and was sent an incorrectly drawn order by the court?

Expert:  Clare replied 4 years ago.
Hi
What time is the concert and is this listed for a full day?
What were you going to argue for on Friday?
Claire
Customer: replied 4 years ago.

The concert is at 2pm the same time as the hearing. It is for half a day and I wanted to argue that my sole residence order remain in place since 2006 by consent instead of shared residence on a 50/50 basis. The guardian has put in her first report that our daughter has said that she wishes to remain living with mum and that she wants no change ie. status quo to remain. Then, in her position statement for tomorrow she says that our daughter said she wants an equal amount of time with both parents which is a contradiction in terms as the current contact order is not 50/50. The guardian has then gone onto say that she thinks an order should be made tomorrow and completely ignored the fact that I have been sent an incorrectly drawn order and that I have advised of a prior commitment. Can the Judge order in my absence with it being a final hearing and the Mother not in attendance? A S91(14) will also be ordered but I shall wish to appeal if they go ahead without me being there. Can I appeal on that basis with a good chance of success?

Expert:  Clare replied 4 years ago.
Hi
What is the current division of time between you at the moment and what are the two proposals (yours and his)
Claire
Customer: replied 4 years ago.

Hi,


 


The current contact order is every other weekend from 6pm on friday to 4pm on Sunday. Thursday after school at 3.40 to 6.30pm and telephone contact 3 times a week. 3 days at easter and christmas plus 3 day weekends if contact weekends fall at that time. 3 weeks summer hols. Half day during half terms.


 


Child's wishes are for no change in Guardians report but Guardian now saying what Father's proposals are which is 50/50 and mother has not made any proposals yet as did not think hearing was until friday. Mother's position however is that Annie's wishes should be respected i.e. no change to current contact order and that contact order remains in place alongside residence order made in 2006 with Father's consent. Not Shared Residence 50/50 which is father's proposal. Report from Guardian said child wished no change. Position statement from Guardian said child wished equal time. Sitting on fence. Gone on vacation and advised Court that she was not contactable for hearing tomorrow.

Expert:  Clare replied 4 years ago.
Hi
What were you intending to offer on Friday (bearing in mind there needs to be some movement)
Have Statements been exchanged?
Claire
Customer: replied 4 years ago.

On friday I wanted to say that I did not see any justification in a change of residence bearing in mind that the Section 7 did not recommend a change in residence, the childs wishes were that she wanted to live with her mother and that social services closed the file as there were no welfare concerns with mother and that the Director of local authority advised the previous Judge on the case to return the child to the mother when father withheld her against her wishes. Therefore I believe that my daughter and I having suffered coercive control for years which is why I divorced in the first place that father will do a repeat performance of withholding the child based on false allegations again. I simply do not understand why there needs to be change when the child is saying she does not wish for any change and no experts have recommended a change in residence.

Expert:  Clare replied 4 years ago.
Hi
You are aware that there can be a change to shared residence without there being a change in the actual arrangements?
Claire
Customer: replied 4 years ago.

yes, but if the guardian is now saying that our daughter said she wants equal time even though in her report she says our daughter said that she wanted no change then what am I to do? Father wants equal time and mother wants status quo and guardian sat on fence by saying child said both and is not attending hearing and is not contactable. It is Father's interpretation of shared residence which is the issue as he already sees it as 50/50 as his motivation has always been financial more nights equals less CSA for our daughter.

Expert:  Clare replied 4 years ago.
Hi
Is the court aware that the CAFCASS officer is not available for cross examination - and was she ordered to attend?
Claire
Customer: replied 4 years ago.

Apparently, according to her position statement, the court is aware that she is on annual leave and not contactable. Can I say that I feel she should be present as the report and position statement are confusing as they are conflicting. I would also wish to cross examine her regarding the allegations that the father has made of me saying that I have been sexually abused by my father which I have not and that I am mental which I am not and I have the evidence from my G.P as father said I was mental during the ancillary proceedings and all my medical records were submitted then also which evidenced that I had only gone to the doctors for back pain and common cold however interestingly when father was due to send his in for the section 7 report they were delayed for 3 weeks as he would not allow his G.P to send his until he had had an appointment with him first. I know of no reason why you would wish to do that if you had nothing to hide.

Expert:  Clare replied 4 years ago.
Hi
Ok
To deal with your first question.
I am afraid that the Court can indeed go ahead in your absence and make an Order if the Judge decides to do so - and I am afraid that it is far from certain that a Judge would agree that the Christmas Concert is a good reason not to attend
HOWEVER you do have two major points in your favour.
The first is the mistake by the court. This only goes so far as you cannot say that it being two days earlier that you expected is a major problem.
More important is that the CAFCASS officer - who has provided tow conflicting statements is not available for Cross examination which could be a reason to adjourn the matter to a day when she will be available.
If you wish to try and be at the concert then you will have to attend court first thing tomorrow morning and apply for an adjournment on the basis that the CAFCASS officer is not available.
Otherwise I am afraid you will have to attend at 2pm ready to fight the case.
If you do then I would suggest that you make some form of offer of extra contact - and be prepared to call whatever you offer Shared Residence - although the wording does not in fact mean anything different to the current arrangements in reality
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33326
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

I have decided i will drive to guildford court tomorrow morning and apply for an ajournment on the basis that the guardian is not present. How do I do that and what are the chances of the Judge saying it should be adourned on that basis claire as I would not wish to be unsuccessful having gone there and only just got back in time for the carol service or maybe ordered to come back again at 2pm having been there all morning?

Expert:  Clare replied 4 years ago.
Hi
I cannot guarantee you success and I simply do not know enough about the fine detail of your case to assess whether the application s realistic - I simply know that it is your only way of attending the Concert.
Otherwise I woudl be saying make the application at 2pm when the other side is there at which point you would have a much better chance of success
The form you need is a C2 and you concentrate on the conflicting statements involved.
The issue is not shared residence it is about what time the child spends with each of you
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
 
 
 

Related Family Law Questions