[Solved] FHDRA without respondent

Hi there

It's unusual for a the first hearing to go ahead without the respondent present to be honest, it's usually adjourned to enable the court to make contact with them and stress the importance of attending in future.

Because this is a civil court, the use of its powers is largely dependent on the judge/court adviser sitting on the day and that's why it's difficult to predict what might happen.

If the judge makes the decision that she is aware of the hearing and chooses to ignore it then theoretically an interim order could be made in her absence, but it would be unusual.

You can pay to have court papers served by experienced Process Servers, this might be a way forward as they will ensure service and also provide a certificate of service, a statement of service or a sworn affidavit confirming the date and time the documents were served and this can then be filed with the court as proof.

You have done all you can to try ensure that proceedings can progress, it's a matter of waiting for a decision I'm afraid.

Best of luck

Thanks,

Doesn't look to promising them but the whole process so far has just been left down after let down by the court and CAFCASS.

CAFCASS were due to file their safeguarding letter weeks ago but failed to meet their target and was trying to say they'll have it ready for two weeks after the FHDRA. I think I've managed to get them to have it ready on time though.

Not sure what the best outcome is for me now. I guess get to court even if it is just for an adjournment so my case stays active. I have to travel over 100 miles which is a long journey just to hope for an adjournment but we have to do what we have to do for our kids.

It's safe to say the system is rubbish. I filed my C100 in February so have been waiting long enough already to get to court. At least I can prove I'm determined and not going to give up.

Well done dealing with CAFCASS lets hope they get the schedule 2 letter in on time. Did they manage to interview your ex?

Determination and patience are two essential requirements so hang on in there!

I believe they did but I'm not 100% sure as I was spoken to before my ex would have been.

When CAFCASS informed me they wouldn't have the safeguarding letter ready until 2 weeks after the FHDRA I emailed the court telling them this wasn't acceptable as practice directions allow 17 working days however CAFCASS wanted almost 40 working days for no reason other than man power. The judge made urgent directions that CAFCASS have to have it ready on time as between them receiving the application and the FHDRA was 30 working days so there should be no reason they can't file it in that time.

Potentially I could be driving for over 2 hours to get to court for the FHDRA to find that my ex hasn't shown up and without CAFCASS having done their report either.

Unfortunately, that is a problem with the court system, you have to be patient and accept that often things don't go to plan, and if ex and cafcass report don't turn up, hopefully the judge will be more favourable to you at the next hearing on the basis that you actually do give a [censored],

CAFCASS have today submitted their safeguarding report.

Surprisingly there was no unexpected nasties in there and I believe I come across quite well. Couldn't have done it without the invaluable advice on here.

They're recommending an S7 so I'm in it for the long run but I expected that anyway. They also mention that the in court CAFCASS advisor will be available on the day to help with intermin arrangements so this to me suggests CAFCASS are in a roundabout way advocating contact.

I just have to hope now that the judge decides to go ahead as I've provided plenty of evidence that she is aware of proceedings and obviously her speaking to CAFCASS is a massive one.

I've gone out and got a new suit. I'll write up a position statement over the weekend ready for the day. Just a case of hoping now.

Hi

Just a point to add, CAFCASS are usually in situ at the court for FHDRAs as the court tend to list these hearings on the same day so that's not unusual, it's done to assist the court with interim arrangements.

Keep your Position Statement brief and concise and no longer than 1-2 pages. If you would like one of us to look over it for you, feel free to pm. I would be very interested to hear how she has been able to delay things for so long if you care to share via pm.

Good luck!

I've spoken to the court today and they have now spoken to her. So the hearing is going ahead and planned and she 'should' be there.

However it seems that she has tried to have proceedings adjourned. The court have written to her with to the effect of they are not adjourning proceedings however she can make an application to do this at the FHDRA.

Does anyone know what grounds she would have to adjourn proceedings? Likewise if she does try to adjourn on the day can I refuse this?

She would need a very good reason to get the hearing adjourned and If she is successful the courts patience wouldnt extend further than that generally speaking.

If she applies for an adjournment, as I've said, the reason would need to be a good one, health matters, advanced pregnancy or a holiday that was booked prior to the initial application for instance. You could give your reasons why you would like to proceed with the hearing, but the decision to adjourn is taken by the court.

It's a good sign that the court have refused her initial request for adjournment so hopefully she will realise that dealing with this is inevitable and proceedings can proceed.

All the best

Thanks,

The court wrote to her (they read me the letter over the phone) it basically said that they wouldn't adjourn and the trial will go ahead as listed.

However they then finished the letter with 'should you attend' something along the lines of you can complete a C2 form with the relevant fee requesting an adjournment where it will be considered at the hearing.

I'm more worried now that by implying 'should you attend' there is an invitation not to attend.

I'm ready for the FHDRA, I think I've gone above and beyond to prepare.

I believe her argument, if she attends to adjourn will be to request extra time to appoint a legal advisor. My counter argument will be that the case has already faced considerable delays beyond cap guidelines and these delays are recognised as being harmful to the children involved and any further delay will only cause more harm. I'm also a LIP so not having a legal advisor doesn't put her at unfavourable position.

It all seems to hinge on her attending though. I'm hoping that if she doesn't attend I can still make some progress on the day but this seems to be unlikely even though my notice of proceedings states quite clearly that should you not attend a ruling may be made in my absence.

In our case the respondent wrote to the court for an adjournment for her to seek legal advise (as she lost her legal aid), which they refused. She asked again at the hearing as she had an appointment booked with a solicitor the day after the hearing. They refused again saying she'd had plenty of time to get advice before the hearing. They went ahead.

May be entirely different circumstances, but we were worried and they went ahead anyway. I think it would have to be a compelling reason to go back on a refusal to adjourn that they've already made. Not guaranteed though, obviously.