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Fact Findin Hearing...
 
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Fact Findin Hearing postponed second time .. pls help ....

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Posts: 56
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(@f4father)
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Joined: 3 years ago

Hello All,

My fact finding hearing is postponed second time this year due to judicial unavailability. They haven't given a new date yet

I'm so depressed and feeling helpless.

What should I do ? its been 3 years I haven't seen my child - there is no court order against me.

is this the normal practice in this country - Father don't have any right to see his son  ??? 3 years isn't long enough ??

What are my options please ??? and can anyone tell me rights of a poor father  ?

please anyone can help ?

Thanks,

F4father

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Posts: 5481
(@dadmod2)
Illustrious Member
Joined: 6 years ago

@f4father hi, thats very sad to hear. you could follow this complaints procedure but it looks very lengthy:  https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

other option is keep ringing court regularly and ask for next available date. sometimes they cancel other hearings, so dates free up.

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(@f4father)
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@bill337 

 

Thanks .... court says it will take much time to pick up the complain ...

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(@f4father)
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@bill337 

I have email court and they replied saying they have passed my email to Judge.

Its been 4 weeks I haven't heard from Judge / court. I keep ringing court they says they cannot chase Judge for me and I have to wait thats it.its very disappointing paying child maintance from last 5 years and you can't see your child.

I ring Child Law charity and they advise me to contact your local children services and ask them to find out how is the health of your child etc.

You think it will help ? I wonder they start asking many questions etc etc.

please help....

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(@mrstrange)
Joined: 3 years ago

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Posts: 167

@f4father 
Call the court and request a handover. That will require the judge to reply in 3 working days.

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(@dadmod2)
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Joined: 6 years ago

you could also write to your local MP or meet at their surgery to discuss. not sure if they would get involved though.

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(@mrstrange)
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Joined: 3 years ago

This is awful delays. I feel bad for you.

The courts are under immense pressure. They also operate a prioritisation system where by new applications about fostering, adoption or a child at risk of immediate danger can "jump the qeue". 

 

This is why courts only order fact finding when absolutely necessary as it can significantly delay proceedings e.g after fact finding there will likely be a dispute resolution appointment.

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(@f4father)
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@mrstrange 

 

why there will be dispute resolution appointment ? there was DRA already before Judge ask for fact finding ... you confused me ....

fact finding hearing is the last hearing isnt ?? please confirm me .....

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(@mrstrange)
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@f4father 

Then you all have a final hearing that will be used to finalise child arrangements using the house outcome of the fact finding hearing.

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(@mrstrange)
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*handoff

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(@f4father)
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@mrstrange 

 

sorry what is handoff ?

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(@mrstrange)
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@f4father 

 

Handoff: Family court handing over the enquiry to the judge/legal adviser, requiring them to reply in 3 days.

 

Simply call court and say that you would like to request a handoff.

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(@f4father)
Joined: 3 years ago

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@mrstrange 

I called the court they said Judge has told to list the case and its with Listing department and they will let me know when is the next available date.

do you think i will get date this year 🙁 what if they give me date for next year :((((

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(@mrstrange)
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@f4father 
How many days was the fact finding hearing originally listed for? 1, 1.5 or 3?

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(@f4father)
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(@mrstrange)
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@f4father 

After two postponements I hope that your case is high up the priority order. For new cases, being allocated 2 days of a judge’s time can take months. 

Got my fingers crossed for you.

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(@f4father)
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@mrstrange 

 

thanks...i'll wait  till end of next week before contacting court again. 

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(@f4father)
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@mrstrange 

Finally I have received the email my case is listed end of November ?

I hope it won't extend third time ..... finger crossed ... 

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(@dadmod2)
Joined: 6 years ago

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@f4father thats great to hear. hopefully it goes ahead as scheduled.

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(@f4father)
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@bill337 

 

I am again in  stress

her solicitor send me medical note that she is going through surgery and wont able to attend hearing at the end of this month ....

I called court they said this email will go to Judge and Judge will decide the next action that hearing should be postponed etc ..

 

what are my rights now ?

Paying high amount of maintance for last 5 years ..... haven't seen my child face from last 3 years ....

anyone can help please ??????????????

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