[Solved] Final Hearing

It does sound like a delaying tactic, yes, frequently used.

Have CAFCASS filed their report? If they have, there is no reason for a delay in the hearing this month.

In the initial Order did the Judge not set a Final Hearing date? Sometimes they do and why I ask.

If CAFCASS have filed their report you could find that he will turn this into a final hearing anyway, and you too could ask at the hearing that this be a final hearing, especially if the report is in your favour and contact is progressing well....in the words of her own solicitor.!

I think you should write to the judge who is handling the case and request that the hearing go ahead as planned, the fact that contact is going well is not a good reason for the delay, on the contrary it gives weight for the case to be heard as planned. Again as they missed the last hearing, all the more reason to stick to the timetable. It is in the best interests of the children to conclude matters sooner rather than later.

There is no set time for a case to be finalised, however the new Children and Families Bill that is going through parliament at the moment, stipulates that cases need to be dealt with expediently in the interests of all but in particular the children....I believe the timeframe being discussed is 6 months...if you can gather some information about this the you could use it in your argument to get the case moved on.

Best of luck.

Yes but the CAFCASS report must be filed before a Final Hearing will be heard.

I think that CAFCASS have already filed the report EnyaM...he stated that they have issued the report and then attended court, which her and her solicitor did not attend. He also stated that there are a further two hearings, one this month and the second in a couple of months... These sound like reviews to me but I think it would be reasonable for him to request a date for the final hearing in the circumstances. As he is an LIP he can write to the judge with his reasons for not delaying any further, her solicitor will have written a letter to the court to request an extension

Oh @@@@@ LOL! I completely missed that ! That's why I asked in my original reply if they had filed! :boohoo: I read it twice too!!!!

Oh yes, if you have had copy of the request for the extension just write back as Nj says, that the report is fine, you see no reason for further delays, the children are happy, contact is progressing well and it is in the best interests of the child that this matter be at an end.

🙂

Thank you for your replies, it has given me more confidence in going to court this week. I have had no advice from solicitors and to date done this alone. I believe that if a final hearing takes place and it did go my way, she would lose her legal aid hence why I believe they are trying to delay. My main concern is what and what I cannot say in court. I will contact the courts as you have suggested in asking this be a final hearing, all I hope is this doesn't go against me, as her solicitor has said that we would be wasting the Judges time if we attend this week.

Solicitors will try and intimidate the self repper ... If its ok for them to write into court and request a delay, it's equally ok for you to write in and respond to their request. It might not be advisable to ask for the next hearing to be the final hearing when you write though, as there are two further hearings booked. Just request that the extension that has been requested by her solicitor not be granted.... and the next time you are in court, then ask that the next hearing be the final hearing as all reports are in, and as EnyaM says contact is going well etc etc.

The judge sets the pace, it would have been the judge that ordered the next two hearings and when they should be. For her solicitor to try and argue that you would wasting the judges time if the hearing goes ahead is quite frankly waffle in my opinion. I think not attending the last hearing is much more of a waste of the judges time! I don't know when her solicitor put in the request for the delay, but if the hearing is this week then my feeling is they've left it late to stop it from going ahead....my response would be that they failed to attend the last hearing thus creating a delay, and now at the last minute are trying to avoid the next hearing from happening, yet further delays... even though the reports are in and everything is in place to move the case forward. My advice would be to get your letter of response written ASAP and deliver it by hand as it will arrive with the judge more quickly than if you posted it....

Sorry to ask but could you suggest any points that I could use to put in writing to the Judge 🙂

Case No: xxxxxxxxxx.
In the matter of: names and DOB of children.
For the attention of: Judge xxxxxx.

Dear xxxxxxx

I am writing in response to the letter sent to you on ( date) by xxxxxxxxx who is the solicitor acting for xxxxxxxxxxx, the respondent in case number xxxxxxxxx. The letter requests a postponement of the hearing due to be heard on (date/time ) because of ------------------------- (you haven't given the reason her solicitor used to request an extension). ( perhaps you can add a sentence refuting their reason here)

I would respectfully ask that the case be allowed to be heard at the allotted date and time. My reasons for requesting this are that the hearing has already been delayed because of the non-attendance of both the respondent and her solicitor, who has informed me that I would be wasting your time if the hearing were to go ahead! i submit that the only time wasters here are miss xxxxxxx and her legal team who now wish to delay this even further. CAFCASS have completed and filed their report and contact between Mis xxxxxx and the children is progressing well and it is for these reasons that I think the hearing should go ahead as planned.

I strongly believe that it is in the childrens best interests that this matter is moved forward, and I can see no benefits from delaying the case further.

Yours sincerely

Xxxxxxxxxxxxx

This is along the lines of a letter I would write....obviously you should add/ omit anything you feel more comfortable with.... And jiggle with any terminology that you aren't sure of. Put your name and address and date on the right hand side too.

Good luck

Many thanks for your help, I will keep you updated on the outcome 🙂

...please note an addition... I have just edited my previous post and added a couple of points to the letter.

Hello Nannyjane, thank you for your previous help. Her solicitor didn't want a final hearing date set and said it takes time to prepare a case! I pushed for one and I have been asked to submit papers for the final hearing by next week. I was also advised to have a solicitor on the day. unfortunately this will not be possible. Can you please help me again and advice what is required for a final hearing, I've searched the net to no avail and have become more confused...

Hi there,

So has the judge given a date for the final hearing?

Did the judge indicate what papers he wants you to submit?

Did the judge instruct her solicitor to compile the court bundle?

Have you or the other side submitted any statements or filed any documents thus far?

It's going to be hard going to get everything together in one week, usually you would need evidence in the form of a statement, submissions and questions for cross examining the other party and and witnesses they may have.

Have a look at the sticky at the top of the Legal Eagle section by The Bar Council, representing yourself in court, there are some pointers there.

You really need to speak to,someone, it might be a good idea to telephone the Coram children's legal centre, there's a link at the bottom of the page.

It might be advisable to contact a Fathers Need Families adviser. As I don't know where you live I can't direct you to a branch near to you but I can supply you with a link to the FNF web page concerning the locations of the branch meetings. Find your local branch and there will be contact details of the organisers there , give them a call.

As you can appreciate with the barest of knowledge of your case it is very difficult for me to advice you in depth.

Sorry... I forgot to include the link to the FNF web page.

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

There is a YouTube video called Attending a Full Hearing which is also a sticky at the top of the legal eagle section, you might find this helpful too.

Yes, I have submitted C100 form at the beginning, sent in statements and of any events that have occurred. Just not sure what is required, do I put together all the correspondence sent in previously? Ex want joint custody, me mon-fri ...her at weekends, I want full custody.
do i just prepare a statement listing as much detail as possible?

Here's some information about your skeleton /statement and a template from The Custody Minefield website. I used their template for my sons position statement, and others here have used their templates in the past.

www.thecustodyminefield.com/Factsheets/TCMSkeletonArgumentTemplate.doc

www.separateddads.co.uk/creating-skeleton-argument-for-court.html

www.biicl.org/files/2223_skeleton_arguments_guide.pdf

www.oxbridgeessays.com/archive/services/law/bvc/skeleton-argument/examples/ex01.pdf

Check out the sticky at the top of this section "Final Contested Hearing Advice" that has some good advice about statements there too.

Thank you Nanny Jane, I will have a look at the sites. So its a Position Statement I have to prepare. I know its hard for you to give me advice when you do not know the background, but i am grateful for any advice 🙂 thank you

I think it's a skeleton argument you need to prepare....you've already given a statement and that probably outlined your situation and what you are asking for, this statement/argument you want to bring everything together, the background the evidence any case law and a closing argument.

You should start thinking about any questions you want to ask the ex, any lies she has told and any allegations she has made that you can prove are u true etc....

Have a read though the links above, watch the video and look at the stickys at the top of this section. Choose your headings. Make notes under each section and try and marry it all together in a closing statement that tells the judge why he should accept your argument and agree with what you are asking for. After you have written it number each paragraph, try not to make it too long and be aware of the format, spacing etc....use the template as a guideline. It's not easy but its worth the effort.