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Ex Parte Hearing

  • C. J.
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04 Sep 12 #353745 by C. J.
Topic started by C. J.
Hi All,

I''ve after a little bit of urgent advice.

Following on from my previous post below about the ex alleging hostile behaviour - we happened to look at the court letter last night and it read EX PARTE at the top, the wording then went something like "Upon reading the letters from the Applicant father and Respondent mother...." then lists the time and date of the hearing.

From the information I can find, does this mean that the ex won''t be there?

Does this mean that the judge will soley see my fiance or will the ex have a separate hearing with the judge on a different day/time?

We are not sure of the contents of the ex''s letter but we know she''s alleged that my fiance is being intimidating/hostile etc.

In my fiance''s letter he wrote that due to the fact that the ex is refusing to communicate with him and that the ex has changed the agreed dates he''s worried that he will not know when he''ll be seeing his children again.

Can anyone shed any light on this?

  • rubytuesday
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04 Sep 12 #353752 by rubytuesday
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An Ex Parte hearing is one where proceedings brought by one person in the absence of another, so your ex will be heard without his ex being there, and she won''t have a separate hearing for the same matter at a different time.

  • C. J.
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04 Sep 12 #353761 by C. J.
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Hi Ruby, thanks for that however it''s not that clear cut. My fiance has contacted the court and apparently both parties are in attendance tomorrow - it was because he read both the letters without the parties being present that he called it an ex-parte hearing.

  • Fiona
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04 Sep 12 #353774 by Fiona
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Some habits die hard. An "ex-parte" hearing can be a misnomer and the rules now refer to a without notice hearing. So it seems you have a hearing without notice with both parties present.

  • C. J.
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04 Sep 12 #353777 by C. J.
Reply from C. J.
Thanks Fiona :)

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