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CAN YOU GET COMPENS...
 
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[Solved] CAN YOU GET COMPENSATION FROM COURT!!

 
(@craigmcd)
Estimable Member Registered

So I was in court today! Had my barrister which I paid ££££ for

Ex was also there with her barrister which she gets for free

We all wait around for an hour only to enter the court room and be told the case has to be transferred to Chatham family court as that is where my daughter currently is. The judge didn't want to make any directions or orders, didn't even look at the paperwork just didn't want any involvement!

Now i am [censored] pissed as for one the court have known since June my daughter has been in Chatham area as that is where my ex left her before she took off to another country and then returned 3 weeks later. She has now decided to reside in Chatham area. Previously she was living in my area in south London.

The court were fully aware and had ample time to list hearing in Chatham area but decided to list in South London
for 45 mins

I have wasted time and money because of their mistake! More importantly precious time with my daughter is being yet again delayed as i am now awaiting a new hearing date!

Is there anything I can do to recoup some part of my legal fees and make a complaint to the family court!! This is completely unfair!!

Quote
Topic starter Posted : 09/10/2014 1:58 am
(@dadmod4)
Illustrious Member

Unfortunately, you aren't able to claim money back from the courts. Although there has been plenty of time, the courts don't keep a continual check on the progress of the case - I'm slightly surprised as I would have thought that your barrister would have known that the case would be transferred to Chatham as the cases are almost always heard in the courts nearest to where the children reside.

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Posted : 11/10/2014 10:27 pm
craigmcd and craigmcd reacted
(@craigmcd)
Estimable Member Registered

The thing is, the case started in south London where me and mother resided at the time. Mother only moved child to Kent in June(originally just to attend a BBQ) and was only made clear in August that she will remain there. Since then court has been fully aware as it was the court who issued a new hearing on 8th October.

Before they issued the new court date they new my child was in Kent area. I don't understand why they didn't just move the case to Kent instead of listing a new hearing in South London. The last court appearance before October was in July when mother was abroad. Judge ordered that my daughter remain in Kent until judge decides where my child should live. At this point my case could have been transferred.

I wasted time and money on barrister/solicitor fees for nothing

And worst of all no progress on my case as judge wasn't willing to give any directions or orders.

Now I have to wait for my case to be transferred, then wait for Kent court to issue new court dates. Which could potentially take months.

This is such an unfair system and I must be able to do something about this??

ReplyQuote
Topic starter Posted : 12/10/2014 12:15 pm
 1626
(@1626)
Noble Member Registered

As unfair as it is, the experience of a fair few people is that the courts are shockingly bad administratively and it is very difficult to hold them accountable for their errors.

If you feel they haven't followed procedure then you can have a look at this to begin a complaint

http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=254

Failing that, if you want to complain to the Parliamentary and Health Service Ombudsman, you will have to do this through your local MP.

ReplyQuote
Posted : 12/10/2014 1:12 pm
craigmcd and craigmcd reacted
(@craigmcd)
Estimable Member Registered

Thank you so much for that,

I am getting onto it straight away

It's completely ridiculous, I mean it would have been fine if the judge made some sort of directions or at the very least some sort of contact and then said it will be transferred.

But the judge refused to do anything despite the fact that the judge in the previous hearing ordered my child remain in Kent and issued a new hearing for 45mins on 8th October in Croydon Court???

Why didn't the judge in the previous hearing just make the transfer at that point and allow Kent court to list the new hearing ???

They have made a big error here and I will stunned if I do not get some sort of compensation or at the very least my case made a priority at Kent court

ReplyQuote
Topic starter Posted : 12/10/2014 1:56 pm
 1626
(@1626)
Noble Member Registered

Don't want to rain on your parade but don't be surprised if you don't get compensation or your case made a priority, the courts are at breaking point and the complaints procedures is very slow. My partner and other members on here have had delays and horrendous errors and nothing gets done even with complaining. That's not to say you shouldn't complain, IMO you should, as nothing will ever change unless people make it change......

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Posted : 12/10/2014 8:39 pm
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