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TOPIC: Court hearing

Court hearing 2 months 3 weeks ago #97155

  • Poco
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Hi, I made C100 application for the following orders children to live with me and prohibited steps. On the day of the hearing I learnt that my wife also made her application which I did not know about until then because she submitted the application to the court but did not pay a fee. During the hearing the judges said that it is cross application and did not hear my application. Her application is for prohibited steps order and non-molestation order. Also she added on the day of the hearing that she wants to add another order - occupation order.

Now I don't know what to do.. we have a mortgage on the family home. She currently lives with the children in a shelter because she left the family home two months ago without any signs of warning or nothing indicated that prior.

Now we have a new hearing date and I am not sure what would be the outcome of this? Will the judge ask me to leave the family home? My wife does not work at the moment.

I tried to ask the court for interim contacts but they said it is up to my wife if she agrees. She did not agree to that.

I am completely devastated.

Please advice.

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Court hearing 2 months 3 weeks ago #97180

  • Mojo
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I'm sorry to hear that this has happened, as I said in a previous post, there was a possibility that she had been placed in a refuge, because of that she will be entitled to legal aid for legal representation. It's likely that the court took her situation into account when combining your applications.

They have to take any allegations seriously, but you should have the opportunity to give your side of things.

I certainly wouldn't want to make predictions about the outcome, it's possible that the court will grant an occupation order, It's up to you to present a good case for that not to happen.

It would be a good idea if you took some legal advice, some solicitors offer a free initial consultation, which might be helpful.

It might also help if you attended a Families Need Fathers meeting in your area, where you'll get face to face support and advice from others in a similar situation. Here's a link,to the website where you'll find details of meetings nationally, hopefully there will be one near to you.

www.fnf.org.uk/help-and-support-2/local-branch-meetings

All the best
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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Court hearing 2 months 3 weeks ago #97189

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Thank you Mojo.

I know that the occupation order can be granted on domestic violence basis. But I know I am clear never done anything to her or the kids, so I was thinking to ask the police for a voluntary statement that will show that I am clear from that side. Also was thinking to go to see my GP for stress my wife is causing to me because of this whole situation. What do you think about that, will it help in my case?

I am not sure if I can afford paying for mortgage and a rent if I had to leave the family home. My wife does not work.

I have contacted my solicitor and they will represent me on the next hearing. So was thinking about withdraw whole my application and start a divorce instead. Would that be something the court look at it?

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Court hearing 2 months 3 weeks ago #97196

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It’s likely that a detailed welfare report will be ordered, called a Section 7, as part of that, information will be gathered from police and the local authority, about previous involvement, if any.

As you’ve submitted an application for child arrangements, which was accepted, it should form part of the case, I would speak to your solicitor about asking for consideration for this at the next hearing... although they may want to deal with the other issues first, before deciding on contact. Again speak to your solicitor about the best way to approach it.

Having stress because of your situation won’t really affect your case either way... it’s normal; distressing situations do cause stress, it would be unusual for you not to have been affected.

At this stage they may not accept a withdrawal, I would leave your application as it is and see how things pan out.

It might be worth speaking to your mortgage provider, if you explain what’s happened with regards to the property, they may agree to a period of interest free payments only, which would help.

Best of luck
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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Court hearing 2 months 1 week ago #97342

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Barrister or solicitor for court hearing?

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Court hearing 2 months 1 week ago #97350

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If you're going to pay for representation at the hearing I would suggest getting a direct access barrister. It will help keep your costs down.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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