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Hi all im new here, to cut a long story short I have an 18 month old, my ex did not attend the directions hearing. I attended and the judge was less than happy that the ex did not turn up, and said a bailiff would take the new directions hearing forms and a penalty notice would be attached. I cannot go into more details really in case this is seen by someone but for 18 months she has been my child and now it is going to court she isnt. My question is I received a new hearing date from the court does that mean the bailiff would have served her before I got my directions hearing letter it also says at the bottom of the order that if she doesnt appear she will be in contempt of court and may be sent to prison, what happens if she does not turn up this time? Just really think she has some issues as it is clear to myself and many others she is our child just hoping this is not another horror story waiting to unfold but I think it may well be somehow....
Hi there,
Sounds like your ex will have been served by the balif as the judge requested.
If she doesnt turn up then the judge may well judge her in contempt and she could get fined, improsoned or community service.
The good news is that if she doesnt turn up then the judge may well make a decision in her abscence which I am sure will favour you as you turned up.
That said she could turn up and things drag on so be prepared and make use of this site and peoples experiences as all will help as best they can.
Regards,
Dave
As Dave says it sounds as of she has been served but you could call the court and find out.
The trouble with these penalty notices is that they are difficult to enforce because then the children would suffer, that's why often the court doesn't take action against a mother when she behaves this way...the more likely outcome if she doesn't attend is to go ahead with the case in her absence.
Hi thanks for the info guys, will ring the court and check, never wanted it to go this far really but had no choice and certainly wouldnt want her to get in trouble, thing is I have a funny feeling ex is digging a big hole for herself what with one thing or another and has up to now tried every trick in the book to delay or even stop it going to court, its all very confusing.
Try not to worry about her going to prison, that is not something that will happen...she will have to flout the courts orders continually for that to happen.
Hi sorry another quick question I have not yet managed to phone the court as yet to see if papers have been served, I may just wait again until court date as do not want to appear as though im being pushy. If the ex does not turn up again would I be able to ask the court to appoint a "guardian ad litem" as I do not believe the ex is acting in our childs best interest, I have no PR and I do not understand how the court will make a decision in my favour as I said in my earlier post my ex has said she is not my child anymore but only since court proceedings have started. Would this be a good idea?
Hi sorry to bump this post, but has anyone here had any experience in court of these guardians being appointed (can I ask or does the judge have to decide) and would it seem like I am being pushy phoning the court to check on service of new court hearing date on my ex?
I don't think it's pushy to want to keep up to date with the proceedings. It would only be the court help desk you would be talking to and on the whole people finds them quite helpful.
As far as a guardian is concerned, I don't know a great deal about this, however I feel that you could be jumping the gun a little so my advice would be to attend court and see what happens. If the judge feels it appropriate to appoint a guardian then he has the power to do so.
If paternity is disputed then the judge is likely to order a DNA test. I know this must be hard for you but even if your worse fears are realised, as you have been in her life since birth and have a bond with her you can still go ahead and ask that you be granted PR and contact.
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