Ask a Family Law Question, Get an Answer ASAP!
Hi, I’m Lea and I will be assisting you with your query today.
I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. This is the difficulty - if the court thinks that the costs of adjourning are too high, they will not adjourn. The court has to take into account the fact that the other party will have instructed a solicitor/barrister for the hearing, that the court has listed the matter for two days and will need to find a further two days to re-list if adjourned, that those dates will need to coincide with the judge to ensure continuity. So, whether there will be any costs from an adjournment will depend on whether the adjournment actually is sanctioned or not. The court may decide, in the light of the type of hearing, that they will proceed without your friend being there.
The court may also expect the adjournment application to be made formally on form C2, which costs £215.
The following is useful info to assist you with the site:
It was 4 pm when you asked and I specifically said to contact the court NOW, i.e. immediately. Unfortunately if you did not do that, then you will have to wait until Monday at 9 am.
I think there is less chance of the hearing being adjourned.
The court can make findings against him even if he's not there.
You said it was a fact finding hearing. If the court does not adjourn, and your friend doesn't attend, then the court can make findings in his absence.
The advice is the same whether it's you or your friend - you can pass the information on. He needs to apply on Monday as it is too late now, though he could still put in his application by email today and then phone the court at 9 am on Monday.
The court will contact him for payment.
All the best.
Have a good evening.