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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4469
Experience:  LLB (Hons)
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Sash, Thank you for your response. I am unable to

Customer Question

Hi Sash,
Thank you for your response. I am unable to participate in the forth coming hearing. I will not take part because the HHJ is completely bias and especially does not listen to my views unless i have counsel. Unfortunately I cannot currently afford counsel due to my father passing away recently hence my request for an adjournment. Are there any consequence for my refusal to take part until I can afford counsel in front of this HHJ.
Submitted: 7 days ago.
Category: Family Law
Expert:  SASH_Law replied 7 days ago.

Hi, I’m Lea, thank you for requesting my further assistance.

I understand the background to your case, but why do you want to not attend?

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Customer: replied 7 days ago.
I will attend however I will not say anything during the hearing. As I explained that HHJ does not listen to anything I say unless I have counsel. I cannot afford counsel. I will attend but I will not say anything.
Expert:  SASH_Law replied 7 days ago.

What is the point in you saying nothing? How will you put forward your application for refusal if you say nothing? You may as well withdraw your application in its entirety.

You asked if there are any consequesnces for your refusal to take part - yes, there is a strong likelihood everything will go against you, and as this is family court, it will have an impact on the contact you are seeking with your children. You cannot make an accusation and an application on the basis of bias and then say absolutely nothing.

It might be worth your while to try to raise funds, beg or borrow, to pay for a direct access barrister so that you can be properly represented. You'll do yourself no favours saying nothing at all.

Customer: replied 7 days ago.
Unfortunately I have just had to beg and borrow to bury my father. I have no money and in fact I have had to ask for a mortgage holiday.
This judge will completely ignore me if I try to defend myself.
Customer: replied 7 days ago.
I need counsel to present my case before the HHJ or I would be wasting my time.
Customer: replied 7 days ago.
My request is to adjorn for a few months so I raise funds for direct access. My request is on compassionate grounds, my father passing is also my child's grandfather. This is reality. You mean to tell me the court will complete ignore this fact?
Expert:  SASH_Law replied 7 days ago.

I can't tell you anything about what the court will do in relation to an application to adjourn. You'll have to make that application to adjourn and await the hearing to find out.

I wish I could offer more assistance, but the reality is that if you cannot afford representation, and you cannot access a pro bono lawyer, that you have to self-represent.

Customer: replied 7 days ago.
I have made the application to adjourn, and the judge has said he will hear it during the refusal hearing. This is all I am prepared to address
Expert:  SASH_Law replied 7 days ago.

Then just do that.

Expert:  SASH_Law replied 7 days ago.

Can I clarify anything?

Customer: replied 7 days ago.
Can the court refuses my adornment on compassionate grounds?
Expert:  SASH_Law replied 7 days ago.

The court can refuse your application on any grounds that it deems relevant.

Customer: replied 7 days ago.
This will be my submission
Dear Court
i thank the Court for their response. unfortunately both the Court and M response do not take into account that E has just lost her grandfather. my father has just passed away and i am not in the right frame of mind to deal with any litigation. further due to the burial of my father i am now financially unable to afford representation. i ask the Court to reconsider my compassionate grounds for an adjournment before the hearing on June 10th in order to save time and further distress.
kindly note i strongly deny all M accusations and note her lack of reason or compassion in the unfortunate circumstances.
i am requesting an adjournment on compassionate grounds and in order to arrange fair representation but this is my legal right and i should not be penalised for exercising my legal rights.
i have not disobeyed court orders, in fact the vast majority of our court hearings have been a result of M breaching court orders and not allowing E to see her paternal family.
i am not blackmailing the court. i have followed court processes. i have a right to a fair hearing and i have multiple examples of not receiving a fair hearing when HHJ is the judge. as such i have a legal right to request a different judge.
i agree there should be an end to proceedings and these proceedings have only come about due to an application by M to vary the original SCO. without M application there would be no proceedings
i ask the Court to adjourn the hearing on June 10th on compassionate grounds due to the passing away of E grandfather, my father.
if the Court does not adjourn the hearing, i invite M to withdraw her application and end the proceedings. this is in E best interest.
if the Court does not adjourn the hearing and M does not withdraw her application, i ask the court to dismiss M application and allow E to continue her life and development according to the reasonable SCO that is already in place and has been ratified by both CAFCASS and the Court.
if the Court does not adjourn the hearing, M refuses to withdraw her application and the Court does not dismiss M application i again ask HHJ to step down from the hearing to allow me the fair opportunity to defend myself.
if the Court does not adjourn the hearing, M refuses to withdraw her application, the Court does not dismiss M application and HHJ is the judge at the hearing i will be in a position where i am unable to defend myself against HHJ and my right to a fair hearing would have been removed. As such i will be unable to participate.
Expert:  SASH_Law replied 7 days ago.

It's good you have prepared something. I am sure the judge will take it into consideration.

Customer: replied 6 days ago.
The judge taking my submission into consideration would mean he would support the adornment. Is this your view? If not, what more do I need to add so the judge supports the adjournment?
Expert:  SASH_Law replied 6 days ago.

No it doesn't, it means he's taking it into consideration when making his decision.That doesn't mean he'll agree with you, but it might.

Anything I can say won't make a difference to what the judge will decide, you have given him your reasons for wanting an adjournment, and I really hope you get one, but you now have to wait until the hearing to get the decision.