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Is a case likely to be adjourned if the respondent doesn't show up, or can it continue without them. thankyou
If the respondent doesn't show up - the court will proceed without them if they are sure the respondent was made aware of the court case (notice of hearing was served correctly) and if this is deemed in the best interests of any children.
If it's a first hearing, the court are unlikely to make any order. If they order in another parent's absence, they leave themselves open to appeal on the basis the respondent did not have a fair hearing
would this still apply if the respondent was in hospital?
Reason I ask is our case is in court on Monday and every time there's any meeting with Soc services etc, the respondent conveniently gets admitted to hospital(via ambulance).the day before.
We knew this would happen and even said to social worker than we guarantee she would be in hospital(although they can find nothing wrong)
I hope it does go ahead as this is one of the major concerns(constant hospitalization)
It is a first hearing.
Thankyou
If the court are informed the respondent is in hospital in advance of the hearing, they may reschedule. If she just doesn't show, the court should hear from the applicant at least, but the decision will lay with the judge. Cafcass don't always attend FHDRA's but it's worth pointing out to the court and CAFCASS that there have been repetitive instances of being admitted to hospital whenever there has been something to attend.
Keep posting and we will do all we can to assist.
Good luck
the respondent is definitely not attending.
Soc worker has tried to contact the court today to get it adjourned but not sure she was successful as such short notice.
Anyway we are very happy with soc workers recommendation to the courts(received reports today) Thankyou for all your help.
Will keep you posted.
Case is going ahead tomorrow. with or without the other party. spoke with soc worker who said they will probably make interim residency order. We have the child here at moment anyway. So fingers crossed
Has the SW told you they are supporting an interim residency order? I have everything crossed for you x
the soc worker has made a recommendation in her report that the child lives with us and my son gets full custody. They also have spoken to the child about there feelings and wishes.
When asked on more than 1 occasion(also in the report) the child wants to live with her father.
The interim order(we were going to ask for this anyway) as safeguarding issues with new BF. Background checks not good and the mother still chooses to let him live there
With that recommendation I think you can be fairly confident of the outcome. I'm very happy for you all, especially the child in the middle of it all.
Case is going ahead tomorrow. with or without the other party. spoke with soc worker who said they will probably make interim residency order. We have the child here at moment anyway. So fingers crossed
Good luck! Hopefully things should be straight-forward for you now.
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