TOPIC: First Phone Hearing

First Phone Hearing 1 month 3 weeks ago #107283

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Hiya all,

I finally received an order from the court today via email regarding the next hearing which is in 3 weeks time.

The courts have asked to her lay out her allegations in a table and I have to respond to them by a certain date, They'll decide on if they need a fact finding hearing after this has been reviewed.

They have advised that her solicitor must compile a list of documents for the date including position statement etc, of these documents says a draft order should also be supplied in this "pack".

My questions are:

Should I instruct my solicitor at this stage or is it pointless right now?
I'm assuming in regards to responding to her table, it'll be just stating that the allegations are not true?
What is a draft order that they have asked her solicitor to prepare?
This might sound really stupid but I'm assuming that on the phone hearing i just expect a call at the time? Do I just answer and say hello?

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First Phone Hearing 1 month 3 weeks ago #107285

Hey - on the call - yes, just answer and say hello . you will be asked to confirm your name and that you can hear everyone on the call, and that you're in a private setting.
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First Phone Hearing 1 month 3 weeks ago #107286

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flyingember wrote: Hey - on the call - yes, just answer and say hello . you will be asked to confirm your name and that you can hear everyone on the call, and that you're in a private setting.


Thank you!

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First Phone Hearing 1 month 2 weeks ago #107291

hi,

email the court your phone number just incase. they will phone shortly before the hearing.

the "pack" you are referring to must be a bundle. so assuming they see that you do not have a solicitor at present, so they are asking your ex' solicitor to prepare a bundle for you and court. should contain c100 application and her position statement etc.

draft order is basically the solicitor/barrister typing up a court order. once court approves it, that's basically the order both you and your ex will need to follow, in interim/final order. fact finding is annoying and more time consuming. when you speak to your solicitor, ask him/her to challenge it, and hope to avoid it. if your going to carry on using solicitor, get them to write response to your ex allegations, and try avoid fact finding.

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First Phone Hearing 1 month 2 weeks ago #107295

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Bill337 wrote: hi,

email the court your phone number just incase. they will phone shortly before the hearing.

the "pack" you are referring to must be a bundle. so assuming they see that you do not have a solicitor at present, so they are asking your ex' solicitor to prepare a bundle for you and court. should contain c100 application and her position statement etc.

draft order is basically the solicitor/barrister typing up a court order. once court approves it, that's basically the order both you and your ex will need to follow, in interim/final order. fact finding is annoying and more time consuming. when you speak to your solicitor, ask him/her to challenge it, and hope to avoid it. if your going to carry on using solicitor, get them to write response to your ex allegations, and try avoid fact finding.


Hi Bill,

Yeah, court have specified a time and date I have to give them my number ready for hearing.

States that a draft order must be part of this bundle, what possibly could the draft order be for at this stage?

You think it's worth instructing solicitor at this stage? £500 for hearing, position statement and respond to allegations etc. I'm guessing how I respond to this will be the decider for if there is a fact finding? It does say that they want some more detail information to decide if a fact finding is necessary.

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First Phone Hearing 1 month 2 weeks ago #107296

you could wait to see what her allegations are, before instructing solicitor. at my first ever hearing, i hired a barrister and paid more than that. it was a relief. there was talk of fact finding, but my barrister said they are not doing that, and will do a section 7 report instead.

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First Phone Hearing 1 month 2 weeks ago #107299

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She's got 10 days to send me and the courts her allegations so I guess we'll see.

I do have a solicitor ready to instruct if need be, I guess the whole idea of instructing him would be to prevent it going to a fact finding.

I do have alot of evidence depending on what she alleges and I think you can reference my evidence but no submit at this stage it says.

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First Phone Hearing 1 month 2 weeks ago #107300

did you have a call with cafcass, and did they send you a letter?

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First Phone Hearing 1 month 2 weeks ago #107301

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Yep had a call with Cafcass and they did that first report and recommended a section 7 despite allegations.

I also received letter too which I didn't expect!

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First Phone Hearing 1 month 2 weeks ago #107302

ok. hopefully fact finding can be avoided. fact find will add extra 3 months to court process at least.

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First Phone Hearing 1 month 2 weeks ago #107474

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Hiya, what happens if I don't receive table of allegations from my ex?

Courts have said her solicitor must send them to me and the court by 4pm tomorrow and I'm yet to receive anything.

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First Phone Hearing 1 month 2 weeks ago #107475

you may get them at 3:59pm 2moro or not at all . Nothing much happens if ex partners and their representatives fail to do what a court orders. just need to be patient, most of the time if you don't receive things is perhaps they are struggling to make up some allegations. if its late first thing to do is to complain politely about it. cant understand why something ordered by the court isn't adhered to especially as other side is represented

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