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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been served a c100 specific issue order by ex wife relating

Resolved Question:

I have been served a c100 specific issue order by ex wife relating to her attempt to remove kids to Saudi Arabia.
I was sent an email copy of order from solicitors on wed 28th May (paper followed 29th) for a court date of tues 3rd June. Actual order was submitted on 23rd May to court but I was not informed.
Are these timescales allowed? Should i not have had 14 days notice?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
On the paperwork does it say anywhere that the time for service has been reduced?
Is this a permanent move?
Clare
Customer: replied 3 years ago.

No reference to reduced time.


The period is 2 years.


Steve

Expert:  Clare replied 3 years ago.
Hi
I have to ask - are you sure the word abridged is not used any where?
Clare
Customer: replied 3 years ago.

Not that i can see. Where would it be stated?


 

Expert:  Clare replied 3 years ago.
Hi
Different courts put it in different places - and the new forms have only been in use for less than a month - but it could either be on a separate sheet OR on the paper that details the hearing date?
Clare
Customer: replied 3 years ago.

I have only a Notice of Proceedings from the court. No reference to abridgement. So assuming there is no abridgement, what do you make of these time scales?

Expert:  Clare replied 3 years ago.
Hi
How long have you known about this proposal to move abroad and when is it meant to happen?
Clare
Customer: replied 3 years ago.

About 4 weeks. Had a miam session two weeks ago. Case wad consideted unsuitable for mefiation for obvious reasons. Then nothing till the order.

Expert:  Clare replied 3 years ago.
Hi
Sorry - is that the answer to the first or second part?
Clare
Customer: replied 3 years ago.

Sorry. They are trying to move in September for the school year start.

Expert:  Clare replied 3 years ago.
Hi
Unless permission was given to abridge service then yes you have no had sufficient notice of the hearing.
HOWEVER whilst you should indeed mention this to the Judge do not make a major issue of it - it will not in fact cause you any great prejudice as the hearing tomorrow will about setting the timetable for the way forward
You can certainly ask for an extra week be added to allow you to instruct a solicitor (IF you intend to do so)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks for the answer and the advice which I am sure is correct but could you be a bit more specific?


What exavtly should the notice be?


should i have neen notified of the order by her solicitors when it was issued not 5 days later?


 


I just want to be clear on the facts.


 


 


 


int

Expert:  Clare replied 3 years ago.
Hi
The solicitors did NOT have to tell you that an application was being made - but you should have been served 14 days prior to the hearing - which is why I am sure that the time must have been abridged.
You can read more here
http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12c
Clare
Customer: replied 3 years ago.

I have now contacted both the court and CAFCASS and neither has any record of abridgement. Does this change your view?

Expert:  Clare replied 3 years ago.
Hi
It does not change how i suggest that you deal with the matter no
Clare
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