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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5247
Experience:  LLB (Hons)
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My ex husband taking me to court over to have kids on

Customer Question

Hi there my ex husband taking me to court over to have kids on Christmas day for two days. I have received the court documents today and I have noticed that there are false information on the document which allowed him to get a court date. Is there anything I can do to let court know? Thanks
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: We have replied to their solicitor with our suggestions and we are completing the court document as we speak
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Teesside Magistrate court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, one of my children has autism and court date is on 17th of December which it will extremely impact him as it stands he thinks he will be spending the Christmas with me.
Submitted: 13 days ago.
Category: Family Law
Expert:  SASH_Law replied 13 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist you with your query. Let me just read your first post. I may need to ask you additional questions after I have read your initial post.

Expert:  SASH_Law replied 13 days ago.

You say there is false information on the form - what is this false information, and why do you think it made a difference to when the application was listed?

Expert:  SASH_Law replied 13 days ago.

If you have an issue with the content of the application before the court, then you will need to respond to that when you reply to the application. But you are unlikely to be able to get the hearing date moved as the matter is about the father wanting to spend the Christmas period with the children.

You will be able to inform the court at the hearing as to why you think it is too late to change the current arrangements, and the court will take into consideration your children's needs and make a decision that they think is in the best interests of the children.

You should not mention the hearing to the children at all until it has taken place and an order is made changing whatever arrangements you currently have made.

Expert:  SASH_Law replied 13 days ago.

Can I clarify anything for you?

Expert:  SASH_Law replied 12 days ago.

Thank you so much for using JA and allowing me to answer your query for you. If you have further questions about my responses above, please do feel free to ask them in this thread.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!

Customer: replied 12 days ago.
Thank you so much Lea. It was really useful, however my ex husband should know that which it is going to cost me over £2000. I have also noticed that they are not choosing the mediation root. They are stating that not enough time for mediation which we believe there are plenty of time. Is there anyway to claim my costs if his application was unsuccessful considering the circumstances? Thanks!
Expert:  SASH_Law replied 12 days ago.

You can ask for your costs, but they are rarely awarded in family law cases. There is a high bar to this, as the law states the only 'winners' in these types of cases should be the children, so there is policy that dictates no one should get their costs unless the conduct of the other party has been reprehensible.