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 Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

Tomorrow is my final hearing in my application to

Resolved Question:

tomorrow is my final hearing in my application to vary.today i received my exwife's counsel's position statement which argues the case should be adjourned because they think not all the evidence is in front of the court. Just now her solicitor sent me a mail inviting me to agree, and arguing that they will apply for cost (15K!) if I do not concur, and they are succesful in their application to adjournhowever, they are putting all sorts of conditions to the adjournment - amongst others that i wil continue to pay alimony at the (too high) current level.i am not inclined to agree to their requestHow risky is my position?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.
What further evidence have they outlined?
Customer: replied 1 year ago.
The issue is that they do not believe the authenticity of various documents and contracts regarding my previous employment - and they want permission to contact the employer directly
Customer: replied 1 year ago.
Furthermore, while i have a heads of terms agreement for my new job (starting in feb) they insist i get the full contract - which I will have only in a week or two
Expert:  Harris replied 1 year ago.
That cannot necessarily be grounds for an adjournment and it would be for the court to agree whether it is appropriate to adjourn or not.
Threatening costs is more of a scare tactic as the court will only grant a costs order where you have made clear and deliberate attempts to delay proceedings, disclose documents, or comply with directions.
In any event, the Court cannot deal with approval of an adjournment request now.
Customer: replied 1 year ago.
Is it appropriate for them to put 8 conditions to the adjournment - amongst others continuing the payment of alimony at the higher level, and me agreeing to them approaching my old (overseas) employer directly?
Expert:  Harris replied 1 year ago.
The conditions will have no effect unless you agree to it or the court directs it - but they can put forward any proposals they think are necessary
Customer: replied 1 year ago.
last follow up: is it (very) unusual to come with such requests the evening before the final hearing when issues regarding evidence have been known for some time, or is it common place?
Expert:  Harris replied 1 year ago.
If it has been known and outstanding for some time they should have raised adjournment requests previously and not the night before the hearing - it would be considered unreaosnable to spring this on you and threaten costs this late in the day
Harris and other Family Law Specialists are ready to help you