Committal Hearing - Can I attend?

koolmummy

I expect to hear from the CSA (not holding my breath) in the next week to tell me when the committal hearing for my ex, who is the NRP, will be. They applied for hearing mid feb. I'm unsure of NRP's exact whereabouts as he moves a lot, I believe he is in the NW London area ( CSA Said) I understand that the hearing will be at a magistrates court near to him.

Can I attend the hearing? I get the impression from the CSA that they will not tell me the court. All of the debt, nearly £35k ish is owed to me. :eek:

Does anyone know about this?

tigstheterror

"In reality there have been very few applications on variations so far but early indications would suggest that the CSA is very reluctant to make these variation awards. In most cases where these applications are made the CSA simply refers the matter onto a Tribunal and the Tribunal ends up making these decisions after a trial in which both the mother and non-resident parent are expected to attend."
This is what i found on the matter, hope this helps?
Tigs x

koolmummy

tigstheterror wrote: »

"In reality there have been very few applications on variations so far but early indications would suggest that the CSA is very reluctant to make these variation awards. In most cases where these applications are made the CSA simply refers the matter onto a Tribunal and the Tribunal ends up making these decisions after a trial in which both the mother and non-resident parent are expected to attend."
This is what i found on the matter, hope this helps?
Tigs x

I'm confused Tigs...

It's not a variation, been there done that...
Also had a tribunal hearing - he didn't attend and his appeal was dismissed, the assessment stood.

It's a committal hearing to commit him to prison for non payment. The CSA have evidence that he has earned over £100k a year and he has paid nothing. They have L.O, sent Bailiffs, tried third party debt order, now at the end of the road.

DONTQUOTEME

You will not be notified as its the CSA vs NRP.
However i have heard of instances where PWC's have turned up, it's not breaking the law or anything.
The courts are all centralised now, so there are only certain courts in the country which CSA use, unless the NRP specifically request a local hearing.
If its london, then its more than likely going to be Richmond Court.

kelloggs36

NO you will not be able to attend.

Blob

Criminal Courts are open to the public, with very few exceptions. I personally have had the CSA in Court on a number of occasions right up to teh Court of Appeal, and even the press have been in Court to makke notes.

You may like to check with the Court Service on this point and they will be able to help you more than anyone else.

Remember the CSA like to opperate under a cloak of misinformation, as then they can do as they like, if you know your rights or the Law then that is where they come unstuck! Believe me I know and have proved it before a Judge. On one occasions the 'Nice Man' fromt he CSA brokedown in tears under questioning, how sad, never mind!

kelloggs36

I can say categorically that they will not let you - CSA cases are not public, they are closed cases.

Sensemaya

kelloggs36 wrote: »

I can say categorically that they will not let you - CSA cases are not public, they are closed cases.

Sorry Kelloggs to disagree with you, but you can attend court.

However, the CSA can only tell you the date of the hearing as all the other info cannot be divulged under the DPA.

I attended about 3 hearings in my local court. I already knew which court the hearings would be heard.

I suggest once the PWC has the date she phones up all the courts in the area and ask the court whether there is a hearing for CSA v NRP name.Generally, every case that is heard is on public view in the waiting room.

Alternatively, the PWC could ask the CSA to provide the name of the CSA officer who will be attending and ask them to phone back once the hearing has concluded with the outcome.

As this will be the first time the hearing will be for committal, it's more than likely it will be adjourned and/or the court will give the NRP time to pay up. Expect another hearing in the future.

kelloggs36

I haveto disagree but I wrote to the Court to request that I be able to attend, and was told that CSA committal hearings were NOT open and there was no way I was allowed to go.

Sensemaya

Hi K

Was this the judge that stated it or a clerk?

In fact the first time I too wrote to the court and was told by the judge that I did not have to write in.

This is interesting. I'm wondering whether there are different guidelines for individual court circuits.

I think the best thing would be for the OP to phone up a court in London...even the Old Bailey and ask. They could also go on the court website and check.

http://www.hmcourts-service.gov.uk/

blimey40

question for dontquoteme or someone else.

Why would the hearing take place in Richmond Magistrates Court, but signed off by a Country Court?

E.g hearing in magistrates court 20th Jan, got letter from county court Feb 20th?