What if she doesn't turn up?

Hi to all,
Just a bit of background: -
My ex and I have been divorced since April last year after splitting in Sept 2008. On the night of the split I found out about several affairs and admittedly lost my temper and ended up in court because of it. No physical contact was made between anyone, no-one was hurt but because of my loss of temper, she felt threatened. The next day on returning from work, she had left, taking our son with her (who is now 11).
There have been two CAFCASS reports which state that my son does not want to see me but within weeks of the last hearing last year, he had made secret email contact with me saying that he would love to see me but was afraid of his mums reaction and didn't want to be told off for hours.The emails stopped suddenly with no explanation.As far as I am aware, his mother does not know I have those emails.
I am allowed to write to him twice a month but never get any replies.
I have wrtten several times to my ex and her solicitor to try and arrange contact but am always told my son doesn't want to see me.
The case was adjourned but either party was allowed to return it to court which I have now done.
The hearing is set for 22nd April but I have just found out from a friend that the ex (who is Russian) has taken my son to see her parents and may not be back in the country until after the hearing.

What will happen if I turn up for the hearing but the ex doesn't?
Will it be rescheduled or will the judge still wish to hear my case and make a decission?

I have no way of contacting her to let her know about the hearing but would it be frowned upon if I didn't let the court know she couldn't attend.

I'm not trying for residence, I just want to see my son again after 18 months apart.

Your views are always valued.

WW,

It is not your responsibility to advise court of your exes position. Your exes sol, or herself if no longer represented, is responsible for advising your ex of court dates. Your exes sol can also represent your ex in her absence albeit it is preffered that parents are present at child contact hearings. It is also preffered that there is minimal delay in chil contact cases.

I respect how difficult and confusing your situation is. If you are self repping you could ask exes sol what exes position is regards forthcoming hearing.

E

Hi Elle, I am self repping due to funding issues. As the ex refuses all contact with me, I have no idea if she has a solicitor but even if she does, they will probably have no luck in contacting her. I know exactly where she is but is only contactable by post which would take nearly two weeks to reach her (being in Russia).

So the question still is - what would the Judge do if only I show up?

WW,

I would like to believe that the hearing will go ahead in your exes absence given the priority alleged re childrens need for both parents. As ever, different judges, different interpretations, wide powers of discretion, etc...I am unsure if case will proceed or be rescheduled...have seen both happen...hopefully someone more knowledgable in E/W child contact issues can advise.

You can phone the court office and ask if ex is legally represented...as a self repper you have a right and need to know whom you contact regard your case. Court office staff bare generally very helpful towards self reppers.

E

WW having been in this situation approx 6 yrs ago when applying for a residence order my ex didnt show up neither did his solicitor the judge rescheduled the court date for another hearing , as elle says it isnt your responsibility to advise or offer any reasoning on behalf of your ex and phoning the courts may be a good idea to check if your ex is represented again good advice i appreciate how frustrating this situation must be to you good luck x