[Solved] Respondents not turning up to hearings

I haven't experienced this, I vaguely remember other members having this experience.

I was involved with a case where this happened, eventually an order was made in the respondent's absence. Very strict directions were issued to attend a follow up hearing to ascertain what would happen. The respondent did eventually turn up, they grovelled and they were told in no uncertain terms there would be consequences (including custodial sentencing) if they did not comply in future.

It always comes down to the individual judge's discretion.

You can also request for a cost order, also available to LIP, I vaguely remember it is possible. You can also request that the next hearing be a final hearing should they not turn up again without notification, that way a court order be made in your favour. However, there is a case where Mother appealed for 'losing' by default and had ruling overturned. Worth exploring.

Just to clarify, costs are rarely awarded in family cases.

The amount of hearings will be at the judge's discretion, not at the request of the LIP.

If a final order is made in the absence of either parent, the absent party could ask for permission to appeal on the basis they did not have a fair hearing. It would be expected of the party to provide evidence of reasons for non-attendance.

To clarify the magistrates made a final order in my exs absence which she has totally ignored and didnt turn up to the follow up hearing. Now the majistrates say they cant do anything more and advised me to apply for enforcement and given the circumstances it would be allocated to a district judge for enforcement.

My ex was awarded cost (for her solicitor) when i missed a hearing due to date confusion. They haven't asked for it as i made it clear i was never going to pay nothing. I said in the court order that if i didn't turn up again, it would have been the final hearing. So it's possible.

Like i said, i read a case that the applicant (mum) appealed against a final hearing - apparently she was too ill to attend.

I was lucky my case went allocated to an intelligent district judge from day 1 so verbal warnings carry weight .

Wow, you're one of the few people I've heard of with costs being considered 🙂 glad you didn't have to pay though.

The cases I've heard of are exactly that, people being ill and then appealing because they didn't have the opportunity of a fair hearing.

Blackadder, you should hopefully see a huge difference between mags and a District Judge. Magistrates are not usually legally qualified and tend to sit on the fence a lot. DJ's usually get right to the point and move things along quickly in comparison. Next step up from that is a Circuit Judge and they move things along even more rapidly.

Good luck.

Payment is a separate issue as it is can be appealled and subject to a means test.

Apparently no need to produce any evidence of illness but DJs are smart, mine comes across unbiased.

As I've said, and actd on a post last night. Costs are very rarely awarded, you can apply and appeal but in family it is very unusual.

If a party repeatedly misses hearings, a court would expect solid evidence when considering what, if any consequences are to be levied.