Update and question about CAFCASS

maggied_2

Thanks all - LizzieS that's basically what we want - for OH to go tomorrow and the court demand her presence at the next hearing

I do understand the position of representing yourself and if it were me I would probably do it - but for my OH I think it's better he has a solicitor. He has worked to keep costs down so far so I am hopeful that OH gets the outcome he needs with the necessary support.

I know there is a financial element but we have budgeted for it and frankly if this does get sorted it will be worth any cost.

I've actually just re-read X's letter to the solicitor. She's said that she would like a more 'sensible date' (which I think sounds a bit narky as it is) but has also said at the end that she would like to reassure my OH that her not turning up to the hearing will not affect arrangements that have been made for Christmas!! Does that not imply that they possibly could?! Hopefully she'll carry on in this vein.

daska

TBH, at this late time, the chances of getting the hearing adjourned were slim. The first hearing for us about the ex's application is early in the new year and the listing officer told us it would go ahead anyway even if we wrote in with GP's letter etc. But the court will be less than impressed if all she's done is written to your solicitor and hasn't returned their paperwork. Personally I don't think asking for a more sensible date is a hanging offence given that it's a hearing 2 days before Christmas. DSDs mother has been cursed up hill and down dale for applying just before Christmas (especially considering we've instigated, organised and paid for contact over Christmas already!!!!!) But... it's still a court hearing.

maggied_2

Hi Daksa

I just meant with the 'sensible' comment - it was written in the context of when she could get time off work, rather than its proximity to Christmas. OH's name is mud for doing this before Christmas but X had threatened not to let him see his daughter at all over Christmas hence the timing.

If she hadn't been making threats then she wouldn't be getting taken to court. I know it's unpleasant at this time of year but so is being told you're not seeing your child.

I've no idea if she's returned the p/work to the court. I guess OH will find out tomorrow.

Good luck with your case

speedster

LizzieS wrote: »

You've read my words wrong - what I said was if she doesn't turn up on 23rd, the court can make an order forcing her to attend the next one (say 23rd January). If she then doesn't show on 23 January without good reason (eg a patient in hospital) then the court can decide to arrest and detain her (emphasis being it is in the courts power).

Our pwc was getting very good help at how to play the system, but even she didn't mess with that one.

I agree with you on not needing a solicitor, but it has to be down to personal choice and experience (not everyone is like you or has circumstances like you). I disagree with your comments about solicitors being leeches - ours certainly did tell us which hearings did not need their presence (and additional fee).

For Maggieds OH, the best he can achieve is a contempt of court warning going out with the next hearing date, but he only stands a chance of that by choosing to attend himself.

very slim chance of her being detained. courts and jails are at breaking point.

also, i'm wondering if you had were still insisting a penal notice can be attatched at this stage?

LizzieS_2

speedster wrote: »

very slim chance of her being detained. courts and jails are at breaking point.

also, i'm wondering if you had were still insisting a penal notice can be attatched at this stage?

The form issued by the court is an Order to attend - the court can add a penal notice within its own powers insisting attendance and add a penal notice stating what it can do if failure to attend.

I realise jails are at breaking point, but I for one would never risk ignoring a court order on that assumption (no solicitor would advise a client to ignore the court either) as the consequences very much depend on the judge of the day.

maggied_2

Well it's all academic anyway now - X's mother faxed the court yesterday and they've recommended an adjournment. So looks like it'll be Jan before it moves on now. Ho hum.

Loopy_Girl

She got Mummy to step in and sort her mess out did she?!!!!! Oh dear.....:rotfl::rotfl::rotfl::rotfl::rotfl::rolleyes:

maggied_2

That's right LG - and not for the first time! It was also her that got involved when they first split to tell OH how much CM he needed to pay - worked out at 25% of his salary - for one child - and he unquestioningly paid it, bless him.

She always gets her mum involved and looks like she'll be representing her for the purposes of this court case. Ah well s*d em! As long as we have DSD for Boxing Day we can deal with the rest in the New Year!!!

daska

From the opposite side of the fence, thought I'd update to say thank you for the good luck charm, ex's solicitor rang today to say that he's faxing the court to ask to cancel the application or minimum for an adjournment until March and to move the case to our local court because the current application is a waste of public funds. He's not a happy bunny LOL.

That's why I say it's worth considering doing it yourself. All it's cost us is the time to assemble the evidence, write the letter and post it special delivery to the court and opposing solicitor. Whereas the ex's application has cost the tax payer for her solicitor's time and the court fee.

Loopy_Girl

maggied wrote: »

She always gets her mum involved and looks like she'll be representing her for the purposes of this court case. Ah well s*d em! As long as we have DSD for Boxing Day we can deal with the rest in the New Year!!!

Well if the Mother is representing her, unless she is doing lots of research, then again I think this could work in you and hubs favour.;)

I liked your last sentence:D Precisely...enjoy the festivities and then deal with it all again in the New Year:D

Merry Christmas x