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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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Can I be forced to deal with my family law case over the

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Can I be forced to deal with my family law case over the phone?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Final Hearing supposedly, but i was only served my ppr assessment a few days ago and it was submitted to court on the 1st of may...
JA: Have you talked to a lawyer about this yet?
Customer: My hearing is on monday and i have been told that this is to be over the phone on monday, but i have further evidence to bring to the attention of the courts from this report which shows that the social worker as fabricated part of it and that evidence is being provided to me by my gp and single point access team, but not due to be received till tomorrow.. I don't have the money for a solicitor, and if i did, sheffield is limited due to conflictions of interests
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just really need to know what i can send to the courts by email today that states i won't be acceptable of conducting my case over the telephone... I have already asked the courts to provide me the legislation whereby it states I have to do this, but they have refused to supply it saying they are not legal qualified to do so... But surely this also cuts in to human right issues whereby I am stating to the courts that I do not and would not feel comfortable in leading my case this way, more so that there is more evidence to be supplied and how the hell can i do that over a phone, and there is evidence that is too big to even fit on an email... And truthfully, i am not comfortable at this and if I am going to lose the right to see my daughter, then I am not having that said over a call... And the court office are saying that If i DO NOT answer the call, then they will conduct the case in my absence!!!! Thank you
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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.

In short, yes they can. It is up to the judge how a case is conducted but they will hear any legitimate representations as to why a telephone hearing is inappropriate.

Even though it is listed for a final hearing, the judge may have no intention of hearing it as a Final Hearing. I did one in Sheffield earlier this week and within 30 minutes the judge agreed that it was unsuitable for a telephone hearing and adjourned it off.

In terms of your additional evidence, send it to the court asap via e-mail and to the other side and you will have to request permission to use it at the telephone hearing.

And just to answer your other point, the court office are right. If you do not take part in the telephone hearing the court will likely go ahead in your absence.

Everyone has to cooperate in these difficult times and the court will expect you to take part in the telephone hearing even if it is just to explain your difficulties and request an adjournment.

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.
Hi Aaron,What can I write in an email to them today to argue my case.??
It has been a very complex case as I have proven that caffcass made errors previously, to the point the courts have listened and requested that social services do a PPR.I am awaiting the evidence to arrive from these agencies and was going to submit it on Monday when I appeared, along with a disk of the recorded sessions that the judge asked for and what services have not provided...
And the evidence from the 3rd parties show that the social worker as frabricated her evidence to put me in a light that I am not cooperating with professionals etc, and has not completed steps to be able to do a proper ppr and not one whereby clipits of old and i mean very old information has been used.
Customer: replied 1 year ago.
Where do I stand on my human rights and that mentally i do not feel comfortable dealing with these matters over a phone when they are such complex matters to sort out before any decision is made in relations to access to my daughter??

If the hearing is on Monday, best to wait until the hearing and explain to the judge that you request an adjournment. They will listen to your reasons.

As I've said, if it is a contested hearing with people needing to give evidence etc then it is likely not the judge's intention to proceed with the final hearing anyway. They keep the matter listed to see if any further directions etc can be given.

Your human rights are a right to a fair trial.

The judge's make an assessment as to whether a fair trial can take place over the telephone. Generally they are not doing many in-depth hearings over the telephone. If the case is as complex as you say then the judge will likely adjourn it.

Customer: replied 1 year ago.
I really hope so, cos I really am not happy about this being done over the phone.
Thank you again.
Where do I rate you?

If they proceed unreasonably then it might be a ground for appeal. Do you know who the judge is?

The rating should just be at the top of the page.

Customer: replied 1 year ago.
I have had 7 Judges up to now over the span of this case, but the last one that sat, was Judge Hickinbottom..

If you give me the last 3 numbers of the claim number I'll check and can tell you who you have on Monday and what they are like as i practice in Sheffield.

Customer: replied 1 year ago.

Ok good news, its only listed for a directions appointment not a final hearing.

You have DJ Roebuck who is decent enough as a judge.

Customer: replied 1 year ago.
Oh That's good news then, cos the social worker said it was a final hearing because they have stated on their report that after today they hold no involvement in this case after their evidence has been accepted.Yes, they are one that I have had along the way.... Fingers crossed. Thank you again for your time
Jason Lowe

Yes it says directions and also she has another hearing 45 minutes after yours so that's not enough time for a final hearing.

The Social worker probably has the wrong end of the stick!

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