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  • scangirl
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06 Oct 09 #152517 by scangirl
Topic started by scangirl
Am divorced with court order in place for ex's contact with children. Ex filed for a hearing in court saying I was withholding access to children,(not true)was not informed of hearing date or that he had filed for this.Should I have been petitioned by ex or does the court issue a notice to? Anyway hearing took place without my knowledge or attendence,further orders made to which I did not comply to as I did not know,until last week when someone telephoned me from court to ask why I wasnt complying and telling me when the review of the order is to be??? There are penal clauses to this order can they be enforced if I had no knowledge of what was going on???

  • Forseti
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07 Oct 09 #152571 by Forseti
Reply from Forseti
It is the responsibility of the applicant - or their legal team - to inform the respondent and anyone else who should be informed of the application at least 21 days before the hearing.

See guidance here: www.hmcourts-service.gov.uk/courtfinder/forms/cb3_1205.pdf

For a Section 8 application the applicant should inform:

every person the applicant believes—
(i) is named in a court order with respect to the same child, which still has effect.
(ii) is a party to pending proceedings in respect of the same child, or
(iii) is a person with whom the child has lived for at least 3 years prior to the application, unless, in a case to which (i) or (ii) applies, the applicant believes the court order or pending proceedings are not relevant to the application.

  • tom333
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08 Oct 09 #152980 by tom333
Reply from tom333
I find it difficult to believe that the hearings went head and orders were issued without him being able to show,

firstly that you were informed of court dates.

And secondly without him having some sort of evidence that you broke previous orders.

  • scangirl
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27 Oct 09 #157830 by scangirl
Reply from scangirl
Went to court.
Court admitted they hadnt issued me with documentation about court hearings,case thrown out.
A very stressful time over.
Thanks for help.

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