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Family Court refusing to provide transcript as agreed in August - what can I do?
After a (third!) final hearing, there was a judgment on the 3rd of August. It was lengthy and I wanted a copy, because I just knew I was going to get screwed over.
The judge granted the transcript and that the costs of the transcript should be shared between applicant, myself and CAFCASS.
CAFCASS solicitors were to make the application itself, in the meantime, I was asked to send evidence of means to the court.
Here we go....
The reason I particularly want this now is because, when the order came 14 days after the judgment (ie: just after I could have appealed), it was different in key substance to the judgment, particularly regarding contact with my son.
What had been agreed in the hearing and read in the judgment was not what was in the order. And I had a McKenzie allowed online with me, and he was also very clear what was said vs what was written.
Again, to be clear, on the 3rd of August 2020, allowance was given for transcript of judgment on that day. It is now 8th of December 2020. That's 4 months and 6 days.
They know full well they are in trouble - but all responses to emails and calls are "we've forwarded your comments to the judge".
What can I do now, as a litigant in person without the means for a solicitor? And, before anyone says "you need a solicitor", do bear in mind that CAFCASS's own solicitors also wanted a copy of the judgment for their own differing purposes and put their request in in August, too.
The judge granted the transcript and that the costs of the transcript should be shared between applicant, myself and CAFCASS.
CAFCASS solicitors were to make the application itself, in the meantime, I was asked to send evidence of means to the court.
Here we go....
- First request for written transcripts and questions about providing means evidence: Tue, 4 Aug, 15:00
- Second request for written transcripts and questions about providing means evidence: Mon, 10 Aug, 12:23
- Third request for written transcripts and questions about providing means evidence: Tue, 18 Aug, 17:15
- Court then replied saying "OK, fill in an EX105 and send your paylips and P60" : Mon, 24 Aug, 09:05
- EX105 form, payslips and P60 sent as requested: Mon, 24 Aug, 09:59
- First phone call chase: 1st September 2020 - no callback
- [CAFCASS solicitor] confirmed transcript application has been made week commencing 31st August 2020
- First email chase: Fri, 4 Sep, 12:10
- First phone call chase 18th September 2020 - [clerk] promised details would be sent that afternoon,
- Second email chase: Tue, 22 Sep 2020 at 15:24
- Third email chase Thu, 24 Sep 2020 at 13:10
- Fourth email chase: Mon, 28th Sep 2020 at 14:08
- Fifth email chase: Thu, 26 Nov, 16:52
- Reply from court: "all of your emails have been sent to [the judge], along with the Transcript request. To date I have not had any further update. I will forward this email onto him, and request an update as soon as possible for you"
- Followup after no reply: 2 Dec 2020, 17:19 - "Can the court now please forward me a copy of the service standards, complaints procedures and Subject Access Request details?"
The reason I particularly want this now is because, when the order came 14 days after the judgment (ie: just after I could have appealed), it was different in key substance to the judgment, particularly regarding contact with my son.
What had been agreed in the hearing and read in the judgment was not what was in the order. And I had a McKenzie allowed online with me, and he was also very clear what was said vs what was written.
Again, to be clear, on the 3rd of August 2020, allowance was given for transcript of judgment on that day. It is now 8th of December 2020. That's 4 months and 6 days.
They know full well they are in trouble - but all responses to emails and calls are "we've forwarded your comments to the judge".
What can I do now, as a litigant in person without the means for a solicitor? And, before anyone says "you need a solicitor", do bear in mind that CAFCASS's own solicitors also wanted a copy of the judgment for their own differing purposes and put their request in in August, too.
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