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Hello, my name is Marcus. It is likely that the court will entertain the application as the Family Court take a common sense approach and although it has not been personally served it has been served and you are aware of it. There is no requirement to personally serve per se it is just good practice so you can prove they have received the application in the event that they fail to attend. The reality it does not change the nature of the hearing. He could have not made a formal application but just opposed your application. Your application is no doubt listed for directions so on the basis you are unlikely to agree the matter will just be adjourned for a final hearing on another date. In reality although there are 2 separate applications now they go hand in hand and can be dealt with together. What is the case number ***** I can check the court list and give you a steer on the judge.
I understand how you feel but it is just a case management decision. It would make no sense to list his application on another day when as I say it goes hand in glove with your applications and in reality will not take any additional time. He could have just attended and opposed your application and the matter would have been dealt with in the same way. So what the court have done is quite usual to save court time. The judge you have is District Judge Buckley Clark. She is a very experienced judge having previously practised Family Law as a barrister before becoming a full time judge. She is very user friendly but can be tough when required. Thank you.
Your matter is certainly in BC list. There is another lady judge being DJ Wakem who is also sitting that day so it maybe switched if there are any difficulties. On Tuesday it is just for directions to see if you can agree. Undertakings are sometimes given to compromise a matter. If you cannot agree then directions will be given to include the filing of evidence so you can file witness statements. Only word of warning - less is more. Be economical with the evidence and stick to the issues. If you rely on too much the chances are some of it will not be relevant and you run the risk of burying relevant evidence. A judge will read a 5 page narrative statement but if you file a 20 page statement they will lose concentration after say 10 pages so it can be counter productive. So short sharp statement using bullet points is the most effective.