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Magistrates

  • Tea307
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3 years 5 months ago #487645 by Tea307
Magistrates was created by Tea307
I have applied for a Specific Issue and Child Arrangements Order to relocate around 100 miles to be near to family and support for my little boy and me, and for him to continue having good contact with his Dad.

Final hearing has been listed with Magistrates. At the last hearing both solicitors did everything in their power to request elevation to a District Judge. All that I have read and legal advice states that relocation cases such as this should be before a Judge.

Does anyone know if there is anything that can be done about this?

I also wondered what implications it will have for potential appeals?

Thank you

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  • dukey
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3 years 5 months ago #487646 by dukey
Replied by dukey on topic Re:Magistrates
It does seem rather odd and unusual, magistrates rarely are legally qualified and they themselves usually deffer to a DJ, so it could yet happen.

Did either solicitor speak with the court lister to work out why this has happened?.

In terms of can you stop it, i doubt it, one of the solicitors could apply for directions on the basis both parties agree a magistrate is inappropriate, to a judge in family court that is.

Would using a magistrate make the outcome less solid, not easy to answer, depends on judgement, if they say yes you can go and you do before an appeal i heard, it may be difficult to reverse, if they say no you can`t go, then it could be heard with fresh ears by a judge.

All that said leave to remove applications are always awful and complicated, nerve shredding in fact, as with all childrens applications its never forever anyway, kids grow and vote with their feet assuming they are too young to start with.

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  • Tea307
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3 years 5 months ago #487652 by Tea307
Replied by Tea307 on topic Re:Magistrates
Thank you for your reply.

Yes both solicitors tried. The legal advisor went to check with the DJ who was there on the day of the DRA and they apparently said that it should stay with Magistrates as it's internal relocation.

If the Magistrates rule against our son and I moving (which would be in contradiction to the Cafcass Section 7 recommendation which supports relocation), then I wondered if you know how I would go about appealing? I would probably have to self-represent (as I have limited savings remaining and low income), but even if I did this, is there a risk I would have to pay legal expenses for the respondent if the appeal was unsuccessful?

Our son is just nearly 2 years old so very small yet.

Thank you again for your help.

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3 years 5 months ago #487702 by fairlyhas
Replied by fairlyhas on topic Re:Magistrates
I've been told by my solicitors that's is extremely rare in child cases to have to pay legal expenses for the other party.

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3 years 5 months ago #487704 by jonathancj
Replied by jonathancj on topic Re:Magistrates
Yes, it's vanishingly rare. It remains very rare for a court to refuse permission for internal relocation. However, I agree with the solicitors that any relocation case, internal or external, is really a matter for a district judge. It is unfortunate that one district Judge seems to think otherwise.

Another very rare thing is it for a court to disagree with a clear recommendation in a section 7 report. The court would have to to give good reasons for rejecting the recommendation.

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