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how much notice should be given for a hearing?

  • hadenough.com
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24 Nov 09 #164749 by hadenough.com
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Problem being i am in Cyprus it would make more upset for girls having to take them out of school ect, this is an enforcment but not like many of yours as ex only has telephone contact and has only seen girls 9 times in 9 years (his choice), now when he phones he shouts and calls them names, i got legal advice put calls on hold till he agreed to change contents of calls, he wouldn't agree , has new girlfriend who wants her day in court. I am not trying to stop all contact but i do not wamt girls upset because after 9 years he now wants to be a father . I would like to go to court to defend my reasons, but having kids in school and the cost of fights stops me being able to do this with 2 weeks notice.

I am in Cyprus with a Consent Order, the order he is enforcing is a consent order also.

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24 Nov 09 #164764 by nbm1708
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Well as mine was with regard to telephone contact too i can tell you what the judge said to my ex.

She was informed that if she disagreed with the contact order in any way then it was her duty to bring it back to court to request an alteration and not to take matters into her own hands. When parties do not agree amongst themselves they take away their own choice and give it to the court when an order is issued. By not obeying the order they are then in contempt.

Whilst the court fully appreciates the need to move on and new relationships and family commitments it is not to be at the expense of the childs relationship with the other parent. Phone calls can be accomodated at any time, particularly with mobile technology.

T

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24 Nov 09 #164771 by hadenough.com
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So, my ex can do as he pleases and talk to girls as he pleases and thats fine, i should find the money , take kids out of school fly us all back to uk, so i can take him to court. When i have done nothing wrong kept to the order to the letter. I took him to court first time round , he has never tried to even see them apart from when i call him to sort out visits. Yes this time i stopped calls on legal advice because i was not willing to sit by and see my kids crying and hurt.

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24 Nov 09 #164783 by nbm1708
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But why if you were so unhappy with it did you not take it back to court for an alteration?

The onus was with you as you were unhappy with the order and felt your children were suffering so much.

If you'd have done it you could have controlled the date of the hearing and where.

As it is you're now complaining because he's done it and it's being heard as an enforcement at the court he's applied to on a date that suits him and that court but you were the one that pushed him to it and gave him the control. Do you seriously not see that?

T

  • Fiona
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24 Nov 09 #164788 by Fiona
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What have you done about the hearing? It really was in your interest to attend and put your side of the story across. Failing that you could have sought permission from the court to allow a solicitor to represent you.

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24 Nov 09 #164790 by hadenough.com
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Because personly i thought we could have done it in a grown up way and talked about it without it going back to court , i thought he would have changed how he was talking to them as they cry to him and say they don't want to talk because he shouts , i didn't take it back as i could afford to fly back to uk , take kids out of school hire car hotel rooms , put dogs in kennels ect looking at around £3000 because he can not control how he talks.

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24 Nov 09 #164793 by hadenough.com
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Fiona, we have put a skeleton in for judge before date was set but court attach to wrong file, i have wrote to judge explained our reasons and letters from our solicitors this end, and now just keeping fingers crossed, as Military solicitors has said we are out of jurisdiction and it should been transfer to sba court . If this fails then it will be an appeal.

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