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Court appeal hearing rights

  • Bobett
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  • Fresh Boarder
  • Fresh Boarder
3 months 3 weeks ago #512066 by Bobett
Court appeal hearing rights was created by Bobett
Four years ago my husband and I divorced. My husband remain in the family home. We have three children together who have always resided with me.
In 2016 I obtained a consent order that instructed my ex to pay the a settlement figure and remove me from the mortgage by January 2018.
If the conditions were not met my ex was to sell the property in order to remove me from the mortgage.
In January 2018 both conditions had been breached. I was willing to allow my ex a small extension to meet the conditions. In May 2018 I applied to enforce the order. At this stage I was legally represented. A Tomlin order was drawn up, allowing my ex until November 2018 to settle the finances and until January 2019 to remove me from the mortgage, failure to do so meant that the property would be sold.
Come January 2019 the conditions had not been met, and the order again breached.
I again applied to enforce the order and the sale of the property. Due to many adjourned and delayed in hearings in June 2019 the matter was heard, and my ex was given (by the courts) a further extension, until Aug 2019 to remove me from the mortgage or the property would be listed for sale. At this point the finances had been settled.
Come August the order was once again breached and my ex had not removed me from the mortgage.
In September 2019 I again applied to enforce the order for sale of the property. At the same time my ex appealed the order written in June 2019. This was initially refused on paper, however he was given the opportunity to request an appeal in person. An appeal hearing was granted and set for Dec 2019. Between September and the appeal hearing December I called and wrote to the courts on several occasions to request a copy of my ex's appeal application, statement and evidence. I was never provided this. I was advised on the phone by the courts that I was not required to attend the appeal hearing - I did not attend.
The appeal judge granted the appeal and set aside the order for sale of the property. The judge did not provide any reasons for granting the appeal.
I wrote to the judge to request reasons for the appeal being granted, and I was told that as I did not attend in person, that I would be required to obtain a copy of the court transcript to know the reasons why the appeal was granted and the order for sale set aside.
What I would like to know is:
1. Can the court refuse to provide me with the reasons for his decision given that paying out for a transcript will leave me in financial difficulty?
2. Can the court refuse to provide me with a copy of my ex's application, statement and evidence in relation to an appeal?

Do I have any legal rights at all?
It maybe worth noting that I have lived in private rented accommodation for over 6 years (I left my husband in 2014). My lending ability has been ruined by my ex not paying the mortgage sometimes for 4/5 months at a time. I am the sole parent of three children who I receive no maintenance payments from my ex. Since the [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] I have had a non-molestation order and retraining order in place against my ex. These were in place for 18 months, and have now expired.

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