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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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Ex filed an appeal on a final court order. However is didn’t

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Hello. Ex filed an appeal on a final court order. However is didn’t ask for a ‘stay’ on the order. On the appeal paperwork he ticked ‘new hearing’. my question is in the court order he was ordered to pay periodical payments monthly. This was set in January. I have not received monthly payments at all. While the appeal is not due for hearing till September. Should ex have still been paying me monthly maintenance as per the court order?
JA: What steps has the Ex taken? Has he filed any papers in family court?
Customer: He was meant to prove the judge and myself his skeleton arguement and transcript may 24th. In time for me to rely end of June. However his not sent anything to the judge nor mysef. So I can’t rely to his argument
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the Ex live in?
Customer: Yes it’s Chelmsford family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know. If he should be paying me monthly and what happens now as he hasn’t provided transcripts or skeleton argument

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Yes, if the order has not been stayed then he is still obliged to make payments in adherence to the order.

In terms of him not sending the skeleton etc then just send a quick e-mail into the court pointing this out. Make sure you include the case number. It is possible that he has sent it to the court but not to you even though he is supposed to send it to you.

If he doesn't file what he is supposed to then ultimately his appeal is likely to be dismissed and the original order will stand.

It is probably best to wait and see what happens with the appeal before seeking to enforce the current order with a court application.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 1 year ago.
Thank you. I have already put in an enforcement application and a charge on his property as it’s up for sale. Can I ask. Would it have been on his appeal application an option to ask for a stay on the order. I mean he would have had to request this?Looking at the respondents appeal form. All he has ticked is. Asking the appeal court to vary the order with no written substitute and then just ticking order a rehearing.Will a rehearing only be granted if his appeal is accepted?
Furthermore what will happen when I’m due to go to court in September when no skeleton argument has been provided to the judge or me. Will the judge give him time to submit this. Delaying things even more.I have rung the court and he has not sent the judge anything and has not even paid for the transcript.Last question. What if he provides the above and it’s passed the deadline (24th may). And it goes passed my response deadline 18th June. Cause I can’t reply if he hasn’t provided his arguement.
Customer: replied 1 year ago.
Furthermore. I don’t feel it’s my responsibility to make the court away he hasn’t sent me his skeleton argument. I wouldn’t want the court reminding him. Or would it go against me if I don’t inform the court. His the one appealing the final order. And his delay tactics and non compliance has been the same for two years

Ok, that' good that you have the charging order in place. I had anticipated your hearing would be sooner than September as I presume that hearing is just a preliminary hearing to decide if there are grounds to appeal or not. COVID is causing delay in a number of courts right now.

Yes he would have to request a stay but in any event the court decides whether to order it. The order is only stayed if so stated within the order following his submission of an appeal notice.

Yes a re-hearing will only be granted if his appeal is upheld. This is a rare scenario there would have to be a serious procedural irregularity in the Final Hearing for this to occur.

If you get to court in September with no skeletons from either side then I suspect the court will throw the appeal out. The court may send an order out before then dismissing the appeal. The judge shouldn't give him more time unless there is a very good reason why he hasn't complied. If he can't comply he is expected to make an application to the court before September asking for an extension.

If he files late, you can file late if you need to. It's courteous to try and agree extensions with the other side first and to let the court know by letter/ e-mail.

In fact it is the responsibility of both parties to work together and try to ensure that a matter is court-ready. The duty in this regard is less if you are unrepresented. The Court won't be impressed with your actions if you just sit on your hands until September.

The reason I suggested speaking with the court was also because if he has filed a skeleton but not sent you a copy then they can send you a copy.

The appeal/ application for permission to appeal will be going to a more senior judge. They will likely be less forgiving of mistakes so if he hasn't filed anything by September it's very unlikely it would delay matters. The judge will most likely dismiss the appeal.

Customer: replied 1 year ago.
Thank you so much for your response. He asked for an extension for submitting his skeleton argument and buying the transcript in April. His extension was granted to be completed may 24th. So he has already been given more time. I have spoke to the court and he has not submitted anything to them. You say I should ask him why I haven’t received the information. That’s all very well. But his not forthcoming with communication. Even if I ask him I won’t get anywhere. So are you saying I should email the judge informing him I haven’t received the skeleton argument and transcript?You are correct, the letter I received from the judge, stated the date in September is to see if his appeal will be granted and if there is time to hear his argument. I’m just concerned we will get to court in September with no information and it will drag on even more.Is there any chance the judge will make an enforcement judgement without it being listed for hearing?Also if his appeal is dismissed can he re-apply for an appeal or could he go to a higher judge/court to request this. I just want an idea of when things could come to an end in the way of legalities with the court system.I’ve had no maintenance since January and I’m in financial distress trying to keep a roof over the children’s heads, while he just ignores the system. Is there anything further apart from the charge app and enforcement order I could do. On the enforcement application I asked for the judge to make a deacon as he deemed necessary.

No, if he has already requested an extension and you've already asked the court about this issue you don't need to ask him about it. I hadn't realised he had already asked for the extension.

So long as both of you have time to file a skeleton by the hearing the judge won't be too concerned if either of you are late.

If it gets to September and he still hasn't filed anything I'd be amazed if the judge didn't dismiss his appeal. Especially as he has already had an extension.

No, I don't think an enforcement order would be made before the hearing in September. You have a charging order in place and that protects your position. It would be unfair for the court to order enforcement before they determine the application for permission to appeal.

If his appeal is dismissed he doesn't really have any option to appeal higher no. It depends on the circumstances but very few cases get permission to appeal and even fewer can be taken higher up. Generally there needs to be an important new legal issue to appeal to the Court of Appeal/ Supreme Court.

You've done all you can really with the charge and the application to enforce. The judge can consider various options to enforce but I do think most judges will be reluctant to order any harsh enforcement methods all the while the appeal is looming.

Customer: replied 1 year ago.
Thank you. I have submitted both charge and enforcement app. Apparently it’s been sent for listing. So neither are in place yet.
Well he has gone passed the 24th may. If I receive anything from him before the 18th June (my deadline to send back to court my response to his arguement) are you suggesting I ask for an extension.
What happens if if it goes passed the 18th June. When I meant to submit mine. If he al of sudden produces info after the 18th June how is that fair. What will the judge do about this. Can I say I’m not replying to his skeleton argument as it’s passed the deadline and fed up with his games

If you need an extension then yes, request one. Point out that he was late so you need longer. You've got ages until the hearing so the court will be more than willing to give you an extension.

Basically the court won't care so long as you both have a reasonable time to respond. Whilst the directions are to try and move things along, the court aren't bothered if things slip a little. The main thing is things are ready to go by the hearing date.

If he produces one after 18th June you've still got months to prepare one before September. Just tell the court how long you need and they will grant an extension.

Alternatively you can write to the court after the current deadline and point out his lack of compliance. The judge might list it for a compliance hearing sooner or he might dismiss the appeal for lack of compliance.

If you say you're not replying because of him missing the deadline then the judge won't be impressed by that. It isn't your decision to make. You will just lose your right to respond properly.

Customer: replied 1 year ago.
Surely the judge put a deadline date for a reason. Why not say have it in before September. Why is he allowed to keep ignoring orders. A deadline is a deadline. Sorry to go on but this has been him for two years.What’s a compliance hearing?If the appeal is thrown out do I just the. Wait for the enforcement hearing?

Sorry but we're going round in circles here really.

The directions are court orders but they are flexible if a party can't comply for good reason. Sorry but that's just how court works. It's up to the judge to enforce compliance not you.

By compliance hearing I just meant the judge might list it for a short review hearing to ask why he hasn't complied with the directions. The judge might make an order that unless he files his skeleton within say 14 days his appeal will be dismissed.

The enforcement application might be listed for a hearing before the appeal. If the judge is willing to deal with it then they will do so , if not they will probably adjourn it to be heard after the appeal hearing. Perhaps on the same date by the same judge if you are lucky.

Customer: replied 1 year ago.
Ok thank you. Apologies for going around in circles

That's ok I wasn't criticising. I know the system is frustrating to people that aren't used to it. For what it's worth I think your'e right that the court should be more robust with directions but unfortunately people get a lot of leeway, especially if they aren't represented.

Good luck with it though, I hope you manage to get his appeal dismissed!

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