[Solved] EMERGENCY HEARING

Might be worth ringing the court again and asking them if they can tell you what the form is (and send you one out) - not something I have experience of I'm afraid.

Hi Brian

What exactly are you asking the Court to do, an Emergency Hearing for a new matter, or an Appeal from a Final Hearing

At my last hearing, the review, despite the fact my ex kept me away from my son for nearly a year, we were getting on quite well so I thought we could sort contact out between ourselves so the judge suggested that there be be no formal order, however he gave me "leave to appeal at short notice".

Now things have gone sour again and she is messing me about with what we informally agreed. So leave to appeal at short means to me an Emergency hearing. So what documents do I need to fill out to trigger this hearing?

Regards,

Brian

I'll ask the CCLC if they can pop on and give some advice

I believe this needs to be done on Form N161, but check with the Court. 🙂

I've had a quick look at the N161 and it doesn't appear to address your situation and is more to do with appealing against a judges decision, which doesn't apply in your case....I could be wrong though!

The best thing to do is to call the court, tell them what the judge said and ask them how to trigger leave to appeal at short notice. I'm sure they will be able to guide you, if not write to the judge concerned and request that you wish to initiate the leave to appeal at short notice.

Thank you for all your kind help. I myself am having trouble locating the PDF on the MOJ website. I can find all the guidance notes but not the form itself.

Also e mailed a lawyer, told him the situation and he also suggested N161 form!!!!!!!!!!! Another form that has been suggested is C79. Lets try and find that now.

Once again, thank you.

Brian

The C79 is for enforcement of an existing order, as no order was made this one seems unlikely!

Just had a conversation with the Court it is N161.

Brian

Thanks Bri....best of luck with that. The appeals process is new ground for me, I see lots of study time ahead! I'm sure that as EnyaM has experience of this she will be able to guide you.

Dear Brian,

To probably assist and advise you and ensure that the court has given the correct forms, could you please contact us at the Child Law Advice Line on 0800 802 0008 so we can discuss your case in detail. We are open Monday-Friday, 8am- 8pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

Tried to call this number but it is not recognised!!

Brian

*******************UPDATE*****************

Just had a word with a really help full lady at Coram and they have confirmed that the proceedings are "technically open" and the correct form is a C2.

Final decision: C2

Brian

Of course! That makes sense....I just didn't think the N161 was appropriate as the judge didn't make an order and you weren't appealing against his decision.

Onwards and upwards Bri!