I have posted about my current court application before, but as I have a new issue with it, I thought I would create a new thread should anyone else have some info that would help here. I made an application for a prohibitive steps order to prevent my ex de-registering our daughter from school for the next academic year.
Long story short, I missed the directions hearing I had made an application for today. I was all organised and set to go, but unfortunately my health (I suffer from M.E), and more specifically the bad brain fog I get had other plans and I sat down to receive the phone call (the hearing was taking place remotely) half an hour too late. They had already tried to call me, which I didn't realise as I was attending to my daughter at the time.
I frantically called the court who told me to email them promptly with my reasons for absence and that they would pass my email on to the judge, who may or may not help me out. I did so, explaining that it was due to a health problem (I frequently muddle up appointment times, and did so just last week with the dentist in fact).
I got a response about an hour later to say the hearing went ahead without me, my ex has has been asked to provide a written statement, Cafcass are being asked to write a safeguarding letter, and a final hearing has been listed for October. There was of course no empathy, despite my absence technically being a medical issue.
The email also said that if I wished I could file a new application to have a hearing before October. I would of course have to pay a new fee for that though.
I phoned the court to ask them to clarify a few things. They said I would receive a summary of today's hearing and everything decided so far, but they are really busy so it might take a while to be sent out. I asked if I would be given a chance to provide a statement as I have some very important points that I would like to be heard. I haven't been formally invited to do so, but they said I could email them a statement (which I already had written to refer to in the hearing) and they would pass it on to the judge, and it would be up to the judge if they want to read it on the day of the final hearing.
If anyone has any advice it would be hugely appreciated. In particular, I am wondering if (if it's permitted), a letter from my GP might help my case be heard (I have some very valid reasons as to why my daughter should remain at school), and also whether making a new application would mean the first hearing would take place all over again so I can start from scratch and get it right. Also, no solicitors were available for this first hearing as they are all booked up. Would it be wise to ask around again to get some help for the final hearing? I am also not sure what happens with our daughter between now and October either - whether she goes to school until then at least.
I am aware that this might sound funny and that I am disorganised, but I'm really not. I had all the court documents and my statement laid out in front of me ready to go, and I had sent my daughter off with her grandad for an hour whilst I did the hearing. My health just let me down and I've been kicking myself all day.
hi semi,
so as the hearing went on without you, you should receive paperwork in the post about what was decided. If I were you I would just wait on the final hearing. you don't want to add further stress that may aggravate your medical condition.
Sorry for the late reply. I needed some time to just chill out for a bit. Having sought some legal advice, I am going submit my position statement (uninvited), as apparently the judge should still read it, and then wait for Cafcass to call (no idea when) and give them the same info. That's all I can do. No point worrying about it I guess. The final hearing will come around soon enough and whatever happens happens.