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Buachaill, It’s Yina here again I hope you still remember

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Hi Buachaill, It’s Yina here again I hope you still remember me. I am the piano/singing teacher and asked for your help regarding to child management issues. and you told me that I can come back to you if I need ask more questions.
Customer: replied 9 days ago.
unfortunately again my ex is taking me back to the court to make my life more difficult as he has nothing to do even he has got everything he wanted from his favourite judge who completed stood on his side at our last final hearing. every time when he lost his job then he uses this opportunity to file free application to take me back to court same as this time, again he ticked “help with fee”. which he has done many times in the last few years. I have followed all the court orders correctly and he knew that he can’t take me back for nothing. then he started lots of shameless fake allegations which like I stoped his contacts few times, the true reality was that he couldn’t make it to collect our daughter from his contact time due to his work and asked me last minute help to replace him. For my daughter’s sake I did it for him few times, and then he even saying that I stopped his contacts!! he also said that I breached the order that I didn’t give him the summer holiday sharing time on time before May and only received it from me in June. I have already many times explained to him and to mediator that due to very unusual circumstances this year I had to wait a little bit more time to see if I could get visa to China to see my oddly parents. but he gave no consideration at all and used this as an allegation against me. He was even unemployed at that time so I could see that he only wants to make my life difficult. What again he was asking is asking the court to enforce me to give all the shared holidays time in 3 months or 1 year in advance which I am not able to apply as I am a self-employed music teacher and my teaching schedules is following my students booking. I can try my best to give one month notice but not all in that far advance. The hearing is on 14th December which is the same day of my daughter’s catholic school christmas celebration at westminster cathedral and I must be there as well as a christian parent. So I did send an email to court yesterday and ask to adjourn this hearing to January. I have attached school letter for this important christmas even. I also seek the hearing to be remote/online because the NHS considers me as a vulnerable person who has increased risk of complications from COVID-19. I have email/letter/test message from the NHS as proof.
Customer: replied 9 days ago.
could you please help me with your professional opinions and guidelines? much much appreciated
Customer: replied 9 days ago.
I work hard to make livings and also busy with prepare my 5 years old daughter for upcoming abrsm singing and piano exams, and what my ex is doing is indeed to make my life extremely difficult. I definitely can’t attend the court hearing by next month
Customer: replied 9 days ago.
I hope the court will not move the court hearing date even earlier

Good morning.

My name is ***** ***** I specialise in family law. I think we have spoken previously.

I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Have you made a formal application to adjourn the court hearing or just emailed the court directly?

Customer: replied 9 days ago.
just an email
Customer: replied 9 days ago.
the court paper did mention that we can send email to them
Customer: replied 9 days ago.
I definitely have no time and money to make a court application for adjourn the court hearing

I see. Normally to apply to adjourn you do need to make a formal application with a C2 application form.

You have very good reasons to do so, particularly the clash with the Christmas celebration at the cathedral.

I don't expect the court will allow an adjournment unless you make an application. It can be dealt with as a paper exercise, without you needing to attend in person or even by telephone. The cost of applying to adjourn is £53.

You can also ask in this application to move the adjourned hearing to an online platform rather than being in person.

The C2 form you need to file is here:

https://www.gov.uk/government/publications/form-c2-application-for-permission-to-start-proceedings-for-an-order-or-directions-in-existing-proceedings-to-be-joined-as-or-cease-to-be-a-part

I trust this assists? I don't see another way of ensuring that this hearing is vacated and moved to later date.

Customer: replied 9 days ago.
hi peter, thanks for your reply. I will try to call the court to see if they accept my email application. apart from this, could you please give me some good guidances how to deal with this court hearing? I really can’t stand with this anymore, every time when he wants something more, he takes me back to court, when he wants to make my life difficult. he takes me back to court, it becomes a hobby for him. especially he is trying to hold for the same judge who is completely on his side as he assumes he will gain more from this judge. in the past few years, he took me back for various hearings more than 15 times I even lost the counts. He just made all this fake allegations and last time I even gave the evidence to the judge to proof he is absolutely lying and this judge didn’t say anything. I really thought I have to fight back otherwise my life is ruined by him. I am the only one who support my daughter financially I really don’t have time to waste on his. legal game. What can I fight for this hearing if I can proof that he again made all this fake allegations and he was the one missed his contacts couple of times with various lies and excuses and often sent our daughter back to me late which badly affected my plan as well.
I do understand how difficult this is. You will need to compile a position statement setting out your responses to any false allegations he has made, attaching evidence in support. If there have been that many applications over the years and this one is without merit, you could ask the court to consider him a vexatious litigator and impose a barring order under section 91.14 of the children act, preventing further applications for a period of time without the courts express permission. I trust that this might help?

I didn't hear from you, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 9 days ago.
thank you so much peter. Yes apart from this long going court issue, I am currently facing to another issue. As you know that I am a music teacher and moved to this flat since 2019 and never had any trouble with any neighbours. Since pandemic started, I have moved all my teaching to online teaching which means there is way less sounds come from my home as I mainly to listen to my students to play or sing on their pianos through ipad. I never played before 9am or after 9pm, but recently upstairs neighbour became very unreasonable and aggressive. He seems not happy to hear any sounds from my flat. He made his first complaint to the management office and my landlord. I replied with the true situation and confirmed that I am not making musical noises. then everything back normal, but this neighbour started again, made another complaint against me saying that I am running a business at home which isn’t not allowed in a rented flat. I don’t consider to give few online piano/singing tuition is running a business at home. however my landlord emailed me and asked me to stop the teaching immediately and not allowed me and my 5 years of daughter to even touch the piano or singing at home.
Customer: replied 9 days ago.
have found it’s extremely unfair and unreasonable to be asked so. I am paying very high rent to my landlord every month, my landlord knows me that I am a music teacher and moved in with a grand piano which is definitely not just a piece of furniture to use. They used a clause in the contract saying it indicated “not play musical instrument/loud music”, but before I signed the contract with the agent I did ask about this and agent says it’s fine as long as I don’t play it too loud or outside the social hours, so I signed the contract and the landlord saw the piano many times even heard me playing once while he was in the flat doing maintenance work and he didn’t say a thing.
Customer: replied 9 days ago.
Last evening I went to ring the door of this upstairs neighbour but he said he was with someone so not convenient to talk but I have got his number. right after I got his number and return home at 8.30pm, my 5 years daughter was softly singing a song to me before her bed time even without piano, then immediately he started hitting his floor with a heavy stuff very hard and scared my daughter to cry. then I realised this guy is just being not responsible at all, even though I still sent him a message wishing we can communicate with each other to find. good way for this issue but no response since then. I really need to know what to do. please help. my friends advised me that claiming to them that I am not teaching not running any business at home, I have got a private access to my flat so nobody should come to stop at my door to supervise me teaching or playing piano at home or not, what do you think? We don’t want to move just because this difficult neighbours as we have good relationship with all other neighbours around us. also we are happily settled down here and moving again will be a very troubled thing for us
Customer: replied 9 days ago.
the tenancy is till sep next year, I am a very good tenant and my landlord is happy that I always pay the rent in half year advanced(6 months rent each payment) so I don’t really think the landlord wants me to go and we definitely don’t want to move away just this one difficult neighbour.
Customer: replied 9 days ago.
I couldn’t sleep at all last night as this issue is really disturbing me. I also know that give private music tuition at home doesn’t really count as running a proper business and it’s in a grey area in law.
Customer: replied 9 days ago.
what about my landlord says that I did sign the contract which one clause indicated that not playing musical instrument/loud music”? as I said that I did sign it but the agent promised me that as long as I don’t play too loud not too early or late is fine, but unfortunately I haven’t asked it as in writing
Customer: replied 9 days ago.
now the landlord even asked me and my 5 years old daughter not to even touch the piano or singing at home at a flat I pay so high rent every month
Customer: replied 9 days ago.
according to the contract, by the clause. that we both can give two months notice to end the tenancy. I don’t think my landlord wants me to leave as we are good tenants and paying the rent 6 months upfront. I don’t want to move either for this bad neighbour as we are happily settled down here. So I worry if the neighbour keeps been unreasonable and difficult and keep complaining, the landlord might just give me a two months notice and ask me to move? is there a way I can stop this happen?
Customer: replied 9 days ago.
I have prepared a letter explained to the landlord they actually it’s the neighbour been very unreasonable as we moved here since 2019 and he never complained but only now. He was quite aggressively making noises upstairs and not happy to hear any sounds come from downstairs which is my flat. I also said I am not running business here and I mainly teach at schools and students houses. They don’t have proof that I am occasionally teaching at home just online. And I also said I will put more blankets to cover my piano to reduce the sound to minimum. and also left a message to upstairs neighbour wishing to communicate with him in a nice way and sort the issue out. So what else I can do then?
Customer: replied 9 days ago.
I also got a character letter from my next door neighbour who sharing the same wall with my flat and gurenteed that I am a well behaved good neighbour and they couldn’t hear any noises from my flat. I think it’s gonna help with the situation if I send it to my landlord and management office?

Thank you for the additional question and the new matter that you would like advice in regards ***** *****'m afraid this new matter is under different type of law and is not within my area of specialism, so it will have to be addressed on a new thread in order that a new expert can pick this query up for you. Kind regards.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 7 days ago.
thank you so much Peter. Have a relaxing weekend

My pleasure, you too.

plclegal and 2 other Law Specialists are ready to help you
Customer: replied 4 days ago.
dear *****, I have received the email from the court saying that I do need to make an application to adjourn the hearing date, but it’s way more expensive as you said only £53
Customer: replied 4 days ago.
A formal application has to be made to the Court and the appropriate fee paid to Adjourn /Vacated a hearing and not by letter/e-mail. Application is Form C2 and Fee is £167-00, and can be found at: www.gov.uk/hmcts<http://www.gov.uk/hmcts> Please forward your application to***@******.***<mailto***@******.***> Payment can be made by Debit Card by calling the Fees Team on 0207(###) ###-####8581. Hearing on 14th December 2021 remain listed.
Customer: replied 4 days ago.
this is from the court reply

Yes I thought you would need a C2 application.

If you look at the leaflet EX50 on the www.gov.uk site, it's pretty clear that a without notice application to adjourn should cost £53, not £167.

I would check with the court again as I think they are incorrect on the fee for a simple without notice application to adjourn.

You can also get a fee exemption or reduction if you have a low income - see here:

https://www.gov.uk/get-help-with-court-fees

Customer: replied 3 days ago.
Hi Peter, thanks for your previous information. I can see on EX 50 it says application on notice where no other fee is specialised is £167, application by consent or without notice where no other fee is specified, e.g application adjourn a hearing is £53 which you are right, so for my case it’s definitely £53 not £167? I still not quite get on/without notice and without notice

Yes it's my view that it should be £53. You could make this simpler by getting dad to agree to the adjournment on the basis that it's a clash with the Christmas service (presumably he may want to see that too)?

Customer: replied 3 days ago.
I don’t want to talk to him at all. but I make this adjustment to the court not to him right? so why should I get his permission? also to get help with fee it seems says that I should have savings less than £3000, but I do have more than this, is it a No for help with fee then?

If dad agrees then it's an application by consent - which is definitely £53!

You don't need his permission to ask to adjourn, it just makes the process simpler.

As for HWF, I'm not a legal aid solicitor and as such I cannot advise specifically on the terms for acceptance.

Customer: replied 3 days ago.
I see. do I make HWF online application first or C2 application first? how long does it take to get approved from HWF application pls?

You can submit the HWF application to the court at the same time as the C2.

As to timescales the court will advise on that point.

Customer: replied 3 days ago.
it’s definitely £53 if I get his consent but if I don’t have his consent then it’s £167?
Customer: replied 3 days ago.
what happen if the HWF application takes long time to get approved? the hearing is on 14th December, not that far away

No, its still arguably £53 without his consent as it's a simple request to adjourn. Honestly the decision on the papers will take a judge about 30 seconds.

The HWF should be approved by then, you have plenty of time.

Customer: replied 3 days ago.
thank you so much peter! hope one day I can invite you for a drink. As apart from your valuable help,
it’s so special that your music teacher back ground

Very happy to help.

Customer: replied 3 days ago.
btw, I can make online C2 application right? as the court asked me to forward it by email to them. and now I have got a HWF application number also

Yes you can do this via email.