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.
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?
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?
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.
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.
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.
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.
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?