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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I'm going back to court to get more time with my children.

Resolved Question:

Hi,
I'm going back to court to get more time with my children.
I live in Nottingham and my children live just on the Derby border with Nottingham but still have a Nottingham postcode. I've applied to the Nottingham courts to have the case heard there but my ex had it moved to Derby (where she works as a magistrate).
How can I have the proceedings moved back to Nottingham? There are 2 older children and her Ex-husband had his proceedings moved to Nottingham due to her Father also working at Deby at the time and because he knew and trained with the judges in Derby (so it must be possible)
Also CAFCASS cannot be sourced from Derby (in her case) due to 'anomalies' which I'm not allowed to know (haven't been/told directly) that happened due to My ex-partner and her father influence at that court.
I'm led to believe that I should have a say where the proceedings take place and that they cannot be moved without explanation as they have.
I need a letter that will get the proceeding back in Nottingham as I have little faith in the Derby courts due to what I know of my ex/her family and they way they conduct themselves.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- has the first hearing taken place yet?
- what is the current role of Cafcass ? Are they undertaking a report?
Kind Regards
Caroline
Customer: replied 1 year ago.

I submitted the paper C100 on the 1st October in Nottingham, Yesterday13th I got a letter saying that all subsequent proceedings will be at Derby - that's it nothing to say why or what I can do.

Cafcass not involved yet - too soon - but had to be from Leicester last time (2 years ago) no explanation given but ex-husband told me later it was due to his proceedings with my ex . I was told that the case had to be heard in the jurisdiction the children were in but if the CAFCASS has to be different region why would this be a valid reason.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Has your case been issued and listed for the 1st appointment at Derby?
Kind Regards
Caroline
Customer: replied 1 year ago.

Not yet.

All it says is:

court orders :that the proceedings concerning the children be transferred to the Family court at Derby

because: By order (? - no explaination other than that)

Ordered by Assistant Justices Clerk S TollyField

on 9th Oct 2015

No dates set as yet.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
It is correct that any children act proceedings should be issued at the local court to your children.
The courts have a process of 'gate keeping' all new applications. The Justice who considered your application would have noted the children are resident nearer to Derby and has therefore made an order that the proceedings will be transferred there.
You will likely receive notification from Derby shortly confirming that they have listed the case for a first appointment.
You can write to Derby now seeking that the proceedings be transferred back to Nottingham on the basis that your ex is a Magistrate in Derby - but I doubt that the court will make an order transferring the matter back to Nottingham on the strength of a letter. Your best arguing at the first appointment that your case be transferred back to Nottingham on the basis of your ex being a magistrate at Derby. You should argue that you consider this creates problems in respect of the courts impartiality - especially if the case is to be heard by Magistrates whom your ex is familiar with. This would appear a strong argument for transfer.
In relation to Cafcass - you will know from previous proceedings that they have to undertake safeguarding checks ahead of the first appointment. It sounds to me like Cafcass in this area have previously been overburdened causing delays. This is not ideal but will unlikely assist your case for seeking transfer unless there are significant delays. The court will list the first appointment for 6 weeks time so that Cafcass can undertake their safeguarding checks.
I recommend that you contact the court at Derby make sure they have your papers and ask what date is listed for the first appointment. You can write to the Derby court then seeking transfer back to Nottingham but don't hold your breath this will happen. Nottingham won't accept a request to transfer back to them now as the order has already been made and they will no longer have your file. If at the first appointment the court accepts your argument for transfer then everything will go back to Nottingham.
Hopefully the Cafcass checks will have been completed prior to the first appointment - it is rare that they are not. If not the court will likely order more time. You can ring Cafcass after you get the date for the first appointment to make sure they have allocated a worker to your case to undertake the checks.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
Hi
To add to the above with a little local knowledge
The family courts in both areas have a map showing where the boundary lines lie which is why it was automatically transferred.
If your ex is in fact a Family magistrate in Derby (as opposed to a Magistrate without a Family ticket) then the matter MUST be transferred elsewhere - but if she is not then since it is just as likely that a District Judge will deal with the case as it is that the bench will then there is no reason why the first hearing should not be safely conducted at Derby - and you can find out in advance if there is likely to be a District Judge sitting on the day of the first hearing.
During the last two years there have been many changes to the local Cafcass offices and the first safeguarding report - which is a matter of telephone calls to each of you and a number of computer checks already in hand is as likely to be done by a Nottingham based CAFCASS officer as by a Derby based one
Unless there are safeguarding issues involved that will be the end of CAFCASS involvement
Accordingly you need do nothing until the first hearing - and then decide then what further steps you need to take.
Both courts have excellent District Judges - I have my personal opinions on the Magistrates but you must do what you feel most comfortable with
Clare
Customer: replied 1 year ago.

Hi,

I'm not sure what kind of magistrate she is serving as, last time she didn't even say she was working there only doing 'voluntary work' which is suspicious in itself.

Is there a way to find out?

The main problem i have is that I know from seeing it first hand that they are quite happy to accept money for services related to them working as Magistrates in the Derby court system - so to expect them not to be underhanded in my case is a big ask. I've raised this before but it's one persons word against another if it's in the Derby court system. My Ex has committed perjury in the Family courts before with her ex-husbands case. Her ex-husband got it moved to Nottingham because her Father was a Magistrate and knew/still knows the judges in the Derby court.If the courts could look at his papers which are in Nottingham then it would show those court documents submitted then were completely false (because I was around then) and that would be of help in my case to highlight the same problems I'm having.

Sorry the above is detail you probably don't want or can use but that is the undelying truth. In theory the courts are supposed to be impartial in reality I've seen it work differently.

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