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Hearing Date Changed

  • osb
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03 Jul 12 #340834 by osb
Topic started by osb

I''ve received a letter from court this morning, notifying me that the next court date (only required because CAFCASS didn''t report in time for the date in April), which is scheduled for 30th July has been moved to 1st October, "upon the mother providing evidence of pre-arranged holidays".

A two-month delay is fairly drastic, especially as CAFCASS have already confirmed verbally that they would be happy for staying contact to recommence.

The court''s letter states that "I am entitled to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served". I''m planning on requesting that the amended order is set aside and that the original date remains, but I''m unsure of my options: -

1) I know that one of the "pre-arranged" holidays, the one which actually clashes with the 30th July date, is in the UK. As she is presumably within a few hours or court (knowing where the family holiday), can the original date remain with her having the option to attend?
2) Can her solicitor represent her in her absence, thereby also allowing the original date to remain?

Many thanks again,

  • jonathancj
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12 Jul 12 #342734 by jonathancj
Reply from jonathancj
Make the application and ask for interim contact, given the CAFCASS recommendation. It would be unusual for a party to be excused attendance in person, but it could be done. However, her solicitor would not be able to negotiate adequately without a client to cajole and encourage.

  • osb
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12 Jul 12 #342745 by osb
Reply from osb
Thanks Jonathan, but given the timescales that I was given to respond to the amended court order, I''ve applied to have that order set aside, and for the hearing to proceed on 30th July as previously directed.

If the amended order remains in place (1st October), I''ll request interim access be granted.

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