TOPIC: First Hearing advice

First Hearing advice 2 months 3 weeks ago #99106

I did represent myself all the way - I did pay for a fixed price consultation with a family lawyer twice. She was excellent and actually recommended representing myself at least at the start.

I actually have a question that extensive Googling doesn't seem to have an answer for - in my joy I didn't write down all the details as the verdict was delivered. The Court have told me they are taking 20 days to produce written orders. When does the order come into force? Do I have to wait until it's delivered to both parties in writing?

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First Hearing advice 2 months 3 weeks ago #99107

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...Good question. I would assume that it will take effect from the date on the Order, which should be the date of the final hearing, but I can’t be unequivocal about it. I would give the court a call and ask them to confirm.

If you have contact within the first 20 days I would behave as if the order is in force, drop her a text to confirm it.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

First Hearing advice 2 months 3 weeks ago #99171

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I would think (though not sure) that the order would be made at the time the judge actually orders it, ie at the hearing. The rest is just admin.

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First Hearing advice 2 months 3 weeks ago #99177

wow 20 days, that is too slow! the courts take ages, and in the time they approve/seal and post out the orders to you, you could face trouble from the ex in that time. i was represented all the way. my barrister typed up a draft order days in advance. on the day of hearing he just modifies it, depending on what the other party say or object to. he basically does the admin work for the court. he emails it to them, and they just approve it.

I got my approved/sealed order about 1-2 hours after I left court on day of final hearing. and im expecting the court to post it out to me as a formality, in 1 or 2 weeks time. if you get representation, get someone who carries a laptop with them :)

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First Hearing advice 2 months 3 weeks ago #99191

OK I managed to get through to the Court on the phone. They confirmed it’s effective immediately.
Contacted ex by email to confirm I intend to start the new arrangements but she is refusing. I even sent a copy of the order I got - she says it doesn’t count because it says draft on it.

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First Hearing advice 2 months 3 weeks ago #99195

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Does she have a solicitor? Was her refusal by email?

I would send another, explain again that you have taken advice from the court and the order is effective immediately, if she doesn’t comply you will be contacting the judge that made the order and request an immediate return to court. Advise her that if she doesn’t respect the conditions in the order she will be in breach and could face penalties for non compliance. Explain that you do not wish to take it further but if Agreement can’t be reached you will have no alternative.

In the meantime, prepare an email for the court. Across the top of the email you should write

FOR THE URGENT ATTENTION OF : (name of judge)

Include the details of the case; case number and names of you both and your child.

Keep it brief, explain that you sought confirmation from the court office concerning when the order becomes effective, that you emailed the other party concerning the matter, but they are point blank refusing to comply with the order and that you respectfully ask for the courts action on this, whether that be by contact with the other party, or an urgent return to court for new directions.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Last Edit: by Mojo.
Moderators: Samantha Downes