Stbx and Barrister spent the first half of final hearing trying to get an application accepted for the trustees of my still alive and kicking mother to be witnesses in court, they made this application 6 days before final hearing!!!
The judge refused this and of course we list half a day. I got my drilling so I am done in that respect. So back for the last time end if November. So the judge will have plenty of time to make his decision, can anyone tell me does he make the consent order on the day and I assume we have no say in this, so is it effectively done and dusted?
No further discussions etc.
Need to move on with my life
A consent order is an order to which the parties agree.
If there is no agreement the Judge will make a final order by which both parties will be bound.
I assume that the hearing concluded and the Judge relisted the matter for judgement? If that is the case the Judge will deliver the judgement by reading it during a hearing.
It is not unusual for the judgement to be sent to the parties' legal representatives in draft in case there are issues which the Judge might want some input. For instance, if one party seeks a costs order, the Judge might want written submissions in order that the Judgement case take those into account.
Once the Judgement is delivered, and assuming no party appeals, the parties will then have to abide by the order.
Thanks for coming back to me.
The day wasn't concluded because the other side put a very late application to the court for the trustees of my mother's who is still alive and kicking to attend
Judge turned down their appeal. Wasted the morning so not concluded.
What I was really asking is that will the judge make his decision on the day and that as his judgment is final can the other side appeal and is his decision cast in stone on that day?
And that becomes the equivalent of a consent order?
Hope that makes sense
The Judge will make a decision at the conclusion of the case. This is then typed up into a final court order and both you and your stbx are bound. (It is not called a Consent Order, as this is where parties agree the terms and ask the court to approve the terms). Whereas, in your case you are asking the judge to decide as you cannot agree terms.
After the judge makes his/her decision, either party can ask for permission to appeal the decision at the hearing or within 21 days of the order being made. Very unusual and limited grounds to appeal.