Final Contested Hearing Adjournment?

[joDa]

Hi there,

I was wondering if anyone has any experience of this. I am helping my partner in his application for residency of his children. CAFCASS have already recommended that his daughter lives with us full time as she is very unhappy at home with her Mother. There is questionable emotional abuse going on and the case is expedited after the judge saw a letter from my daughter.

The case was supposed to have the final hearing today but the respondent had it adjourned as requested a two day hearing. I have a new date today of 19th and 20th August when the respondent is supposed to be going away on holiday. apparently that is the only week her husband can get off work. What is the likelihood of an adjournment a second time when the respondent has not declared a holiday? would the judge really adjourn it because she wants to go on holiday on those dates even if not in interests of children which she will claim they are looking forward to etc.

I;m pulling my hair out over all this. I feel the courts let her take advantage, she talked over me at the last directions, she filed statements a week late and them got the first hearing adjourned. Im terrified she wil do this again and wondered if there's anything I can do?

Thanks

J.

[MissFM]

Re: Final Contested Hearing Adjournment?

Welcome to LB, joDa,

I'm so sorry for your situation - and it's complicated, isn't it?

You will get good advice here - many beagles have been through similar heartbreak but all family situations are unique.

I will certainly be searching for help for you and there will no doubt be more practical wisdom forthcoming from others here.

Meanwhile, a virtual hug :hug:and huge sympathy FWIW x

[Amethyst]

Re: Final Contested Hearing Adjournment?

The behaviour re the court will be taken into account in the decision making process, as will the CAFCASS officers recommendations.

Is your partner going to be represented in the hearing at all ? (are you acting on his behalf as Mackenzie friend ?) and is the respondent represented ?

If the Judge has already ordered the case be expedited because of concerns for the children and the respondent hasn't filed any unavailable dates then he may turn down her application, or if the holiday is only for that week and theres another date soon after it could be moved without causing detriment to the Children.

Are there concerns over the Childrens safety during the holiday?

[joDa]

Re: Final Contested Hearing Adjournment?

Thank you all for your replies already.

Amethyst no my partner will not be represented but his brother has been put forward as a McKenzie friend. He has experience with courts as a Detective Constable and for him to keep changing work dates giving his job is proving difficult. Yes the respondent is represented and will have a barrister.

I think it was expedited as my partner's daughter is unhappy and said as much in a letter to the judge but other than my daughter suffering emotional abuse which isn't enough for the court to grant an interim according to them an interim order has never been given.

Thanks

J.

[joDa]

Urgent Advice

Hey there,

I posted a little while about my partner's case. We had the final contested hearing cancelled on 18th july and was given dates for 18th and 19th August. The case is expedited so everything has been listed quickly to date.

We now have a problem with the ex trying to stall it. She had it relisted once from a one to two day hearing. She is now asking for another adjournment and for them not to relist it between 1st august to 17th Sep and from 1st to 10th Oct. I'm sorry but this seems to be taking the pee a little. My partner's daughter is deeply unhappy which CAFCASS identified but they don't seem to care about that. She is claiming a family holiday in that time and says her barrister is unavailable in those dates. The august listing also gives us a circuit judge and she has requested for a very specific district judge surely this is not allowed?

We are starting to feel like they are favouring her and that my partner will have an unfair trial. I have written an objection letter as knew she would try this. What is likelihood of this happening again? Is there anything I can do about it? 8 weeks is a ridiculous request for them to not relist in. Can they just adjourn every time she wants to go on holiday or go out for coffee?

I'm starting to have not faith in this system at all. It's been identified there's an unhappy child and questionable emotional abuse and no-one seems to a give to hoots about it.

Frustrated!

Thanks J

[Amethyst]

Re: Urgent Advice

Is your partner's daughter at school ? As those sound like school holiday dates (rather extended ones)

Have you been sent copies of the papers requesting the adjournment?

[joDa]

Re: Urgent Advice

Is your partner's daughter at school ? As those sound like school holiday dates (rather extended ones)

Have you been sent copies of the papers requesting the adjournment?

Yes I have a copy of papers and daughter is now on school holidays. She is claiming her barrister not available in those times.
Thanks

[Amethyst]

Re: Urgent Advice

11.1

Section 1 of the Children Act 1989 applies to all applications for orders concerning the upbringing of children. This means that –
(1) the child's welfare is the court's paramount consideration;

(2) delay is likely to be prejudicial to the welfare of the child, and


(3) a court order shall not be made unless the court considers that making an order would be better for the child than making no order at all.

[Amethyst]

Re: Urgent Advice

Do you know who her barrister is (eg. could you check that is the case?)

You could object to the request for adjournment (if you feel it is truly against the best interests of the child to delay further)

EDIT: Have checked and yes you can raise your objections to the Adjournment request. Your objections need to be wholly reasonable and concentrated on the interests of the child.

(also have merged threads)