Urgent advice needed please - Family court

[550T]

Hi everyone I hope you are okay I want to ask advice regarding a situation:

The Fam Crt (@ County Crt level including HHJ on this occasion) made an interim Non-Mol based on falsehoods of an Ex.

There is supposed to be an excessively long (i.e. couple of days - tho no kids involved) fact-finding hearing later this year, which surprisingly is supposed to take place at a Magistrate.

Having looked at the differences it appears Magistrates can either be lay persons or qualified judges, and subsequent hearings are supposed to be by a judge at a higher/senior level than the preceding court?

If the first/interim order was made by a Honour Judge at County Court level, wouldn't subsequent hearings have to be heard at least at a County Court as well?

Thanks very much

[echat11]

Hi 550T

islandgirl Can you please take a look and advise, many thanks.

[550T]

Hi 550T

islandgirl Can you please take a look and advise, many thanks.

Thanks - that would be fab - are there any other risks/disadvantages associated if heard at Fam.-Mag. instead of County Crt (Fam.)?

[islandgirl]

I have no idea I am afraid whether or not a previous family hearing at another court means that the next one should also be held there, however if it has been allocated thus one assumes it is correct. I am not a family magistrate but I know many who are. As with all magistrates we are usually lay people (some are ex Policemen Teachers or Solicitors but we come from all walks of life and are of all ages and backgrounds). Family mags undergo special training and devote many hours to their work, receiving large bundles of information to read at home prior to hearing a case. Some criminal mags work is also done by a District Judge so there must be a family court equivalent of this I imagine. If you have any concerns about the allocation perhaps ring the court or discuss with a family solicitor - this is a very important case for you and your family and you need to be comfortable with where it will be heard. Good luck

[550T]

I have no idea I am afraid whether or not a previous family hearing at another court means that the next one should also be held there, however if it has been allocated thus one assumes it is correct. I am not a family magistrate but I know many who are....If you have any concerns about the allocation perhaps ring the court or discuss with a family solicitor - this is a very important case for you and your family and you need to be comfortable with where it will be heard. Good luck

Thanks - there have been some glitches previously, hence not much joy addressing the court.

Just glancing at wiki - if the initial order was made by a Circuit Judge (HHJ), how can a subsequent mags' decision (who are likely at a lay or DJ level) be binding on the initial decision?

[islandgirl]

I have no idea re family I am afraid but I know mags deal with issues relating to cases which have been sentenced by the crown court (breach of community orders etc). I can only suggest again asking a family court lawyer, sorry

[echat11]

You should be able to get 30 minutes free advice from a lawyer who deals with family matters.

https://www.citizensadvice.org.uk/la...le-legal-help/

[550T]

islandgirl echat11 R0b

Thanks, had been side-tracked due to other related matters, hence not been able to address this.

There have been numerous other irregularities such as unsigned witness statement excluding statement of truth - which under normal rules of evidence should be excluded.

Importantly:

1. Most orders to submit docs at Court have been ignored by the applicant of the nonmol including
2. Court bundle the Applicant was supposed to collate and circulate to both parties - which they failed to do prior to the final hearing
3. Following an application by the Respondent to adjourn the hearing on medical grounds, the Fam.Crt (@ County Court) requested parties to submit position statements regarding agreeing to adjourn; again the Applicant failed to respond and the Fam.-Crts (@ County Court) decision has been pending
4. Now suddenly the Mags-Crt last minute sends hearing instructions, in failure to make reasonable adjustments (both under Equality Act and Common Law) for a party with protected characteristics and in total disregard of the pending application/order made earlier at the County-Court section of the same Fam.Crt

How can the upcoming hearing at the Mags(Fam)Crt be objected due to abuse of process and failure of the Applicant to comply with previous orders and failure to disclose material the Respondent is entitled to receive prior to the hearing?

What are the criteria for setting aside an order at the Mags(Fam)Crt?

[550T]

URGENT !!

&

Happy New Year

islandgirl echat11 R0b

What are the criteria for setting aside an order at the Mags(Fam)Crt?

Does it normally require receipt of the sealed order for a set aside application or can a set aside application already be made based on a draft order?

Also if no notice of hearing has been received - does any future court date stated in a draft order satisfy the time limits required between notice of hearing and the actual hearing or would that invalidate the hearing date?

Generally - is the time limit 7 or 14 days clear notice required before the hearing?

Many thanks in advance!