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Can my ex husband have his non molestation order and

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Can my ex husband have his non molestation order and occupational order against me heard in court next week (durning my application ) if he hasn't followed correct procedure and served me the documents. He applied to the court but emailed them to me at the same time
JA: What steps has he taken? Has he filed any papers in family court?
Customer: Yes he filled them in court as evidence against the contested occupational order due to be listed in August. But I paid a bailiff to serve them and didi it all by the book. He just emailed the court and me all the evidence , application and paperwork at the same time - i haven't been served
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Oxfors family court - my hearing is listed on Tuesday - I don't understand how he is able to do this when I have had to wait for dates and spend money on process server
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I really do not understand how this could have happened - surly this jeopardises my hearing time, and doesn't the process of serving the respondent have to be correctly done?

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.

Customer: replied 15 days ago.
Thank you - OX20F00274 is my non mol 1st hearing and my contested occupational hearing is now August - OX20F00220 I just don't understand why I had to wait for my orders to hbe heard and he can just steam in and take the hour allocated for me on Tuesday .

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.

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Customer: replied 15 days ago.
Thank you Marcus - Could I also ask about witness statements and witnesses attending. I have substantial evidence which I haven't yet put forward as I thought the initial application needed to be kept quite brief - Can i ask the judge durning my hearing if I can put this forward asap or at a later date. it shows past history of abuse and is a very strong piece of evidence. I wasn't sure about putting it forward for the sake of the witness?
I was told it wasn't judge Buckley Clark even though she was requested as she felt with my divorce settlement I was told another lady Judge ???

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.