[Solved] Final hearing what to expect?

Hi scooby,

Question number 1: Do you have the "i'm going to delay it" remark in a text message or recorded in a letter/note?

She cannot cancel the final hearing. This will go ahead unless there is a medical reason, or some other form of emergency. I am just trying to second guess the processes here however what i would strongly urge that you do is to contact the Court immediately to discuss what your ex has said.

As you have already booked accommodation, flights etc... you will also need to explain to the Courts that this threat of cancellation if it goes ahead will cause you an unfair cost. To cover this you will need to write a letter to her Solicitor immediately under recorded delivery to explain to them what your ex wife has said and basically that regardless of this threat you expect that she will attend the hearing and that you have discussed this with the court. There is no need to put into the letter what the Court advised... her Solicitors will be aware of that. It seems now that financial attrition is being used against you.

Don't worry. If you want a letter drafting up to her solicitor, respond back here and i will arrange something for you. Don't stress your nearly there now.

hi yoji thanks for reply
The messages she sent me was in private messages on facebook.

i asked her why she doesnt want final hearing she replied then. " i do want a final hearing i just aint letting it be in feb" and then that she wants it after easter. obviously because my daughter is supposed to be visiting me at easter thats why she wants to delay and also i think its because she wasnt granted funding to change my daughters name and doesnt have the money yet to apply for the application herself.
my daughter told me the weekend that her mam is having a new baby in june could she use this to delay it?
who do i ask for in the court when i phone?

thanks

Hi scooby,

Not overly familiar with the facebook thing but do you have a copy of the transcript? Or have screen prints of it somewhere?

So essentially you could also highlight that the delay she is wanting is deliberately to affect your time. There is actually given she is pregnant the possibility that this pregnancy could be used to stall the final hearing.

Given the extra information you need to:
- Contact the Court where the hearing is to be based. You will need to speak to someone in the Family Department. Give them your case number and request that these notes of your conversation//worries be added to the case notes as you feel that they will be needed at a future point. You can also request that these be included within any future hearings.
- Write a letter to your ex's Solicitor to say that: "Following a conversation between myself and your client, she has informed that she will "stall the final hearing" date that is due to go ahead on [Date of Final Hearing]. I have contacted the Court to relay my concerns of this disclosure"... thus you would also need to say you feel that the nature of this type of refusal is a continued detriment to the Rights of your daughter etc.

Again its difficult to ascertain the judgements that would be made in Court, however going off similar cases the above actions would preponderate your position very much.

One thing i will say however is, if she does not attend Court deliberately without giving an excuse then a Court would be hard pressed to make her attend there and then on the day. Your being there however you will "have the floor" and will have the opportunity to include updates to any such statement.

Thanks yoji

ye ive saved a copy of the conversation to my email but when i try to print it its not turning out im not great with computers or printers but hopefuly this will do if i need to produce it.
im going to phone the court in the morning would they be ok with me phoning to tell them my worries and would they be used to people ringing in a simular position to me.should i tell them shes pregnant and could she use this to postpone?

thanks again

Easiest way I can suggest is when you have the message on your screen, this copies the screen to the clipboard, then go into word and to paste the contents into the document.

Hi scooby,

Yes give them a call and say that you want this noted on your file for the final hearing should the actual hearing not go ahead. Explain that you have now booked flights and accommodation and your ex-wife is aware of this. To be honest the pregnancy issue is not an issue at all however you could have an issue where she books appointments with the midwife to coincide with that exact date at that exact time.

worked perfect thanks for that

hi lads 1 week to the final hearing and just wondering what to expect when i get to the court who will be in the court room?and have you any idea what i will be asked ?
i think my ex has a barrister. i have got some free advice but am worried as i was told they will try to make out that its not good for my daughter to come visit me.what should i say if they say this?
Also mum wont agree to me getting an irish passport as she said she will apply to get her one herself and i was wondering could i ask for this again in court.
Mum has said she would allow my daughter come to visit me at easter and that her grandad will have to come the 1st time but that it will only be for a couple of days as her grandad works fulltime.i will be travelling with them also well that is my plan. Caffcass had recommended she come for a week as a couple of days wouldnt be enough time for her to relax and settle in. could i say im not happy that the contact arrangements been so short because of grandads work?
Also my ex says mid terms are to short for travelling over to see me is ther anything i could say to show the court that its not that short including weekeds ther 10 days long i suggested i have contact for 5 days. flight is only 50min and i live 10 min from airport.
Anything else i might be asked and not expect?
thanks

Hi

I've asked the legal experts from CCLC to pop on and give any advice they can, so keep checking back on here.

Hi scooby,

Well done so far. Really pleased for you 🙂

Hearing

You will meet with her Barrister (just like in the films) he will put his opinions from your ex-wife to you and you will just need to give your opinion back. It can sometimes get a little heated. Its important to be careful how you say some things as Barristers are very good at manipulating your words and leaving you on the hook. But don't worry, just be honest. Its by far the best policy and will shine through in Court.

If the Barrister tries to make out it is not good for your Daughter to visit, i would simply say you disagree. She is entitled to know her Father and family. She will spend good quality time with you, you would like her to bring homework, for you to help her with and take part in activities with her. To be honest i can't think of any questions that they could ask that could actually threaten you. Its very very clear you are trying to be involved and keep in touch. I would expect the Courts to support you in this.

Relating to the Passport, its unlikely the Courts will entertain the idea at a Final Hearing. This actual hearing is relating to the continuation/support of Contact happening. The Irish Passport is not a crucial aspect of this. A separate application to Courts if there is a refusal will likely be needed.

Mid terms are not an issue. You've answered your worry that flights are merely 50mins, and you live not 10mins from the airport. There is no reason why Contact should not be supported. You are prepared to meet the cost of flights, transport and are looking forward (and you could add you know your Daughter is too) to spending some good time over in Ireland.

Questions you might be asked you may not expect? There is usually one or two questions a Barrister can ask that might catch you a little off guard but you should be able to think on your feet quickly enough. In any event if i remember correctly, your ex wife was triyng to influence your daughter into taking her new married name? That sort of question will certainly carry some weight if you pitch it back at difficult questions.

Hi

I've asked the legal experts from CCLC to pop on and give any advice they can, so keep checking back on here.

Ah, my mistake. Because you don't live in mainland Britain, the CCLC aren't able to advise you, even though the case is in a UK court.

If you need any advice on top of what yoji has given (though I think his answer is very comprehensive), then if you are in Northern Oreland, you can contact the Northern Ireland Law Centre on:
028 9024 4401 (Belfast) or
028 7126 2433 (Derry)

or contact a CAB or Law Centre if you are in Eire.

Good luck, and keep us up to date.

alrite lads

just tought i let yous know everything went great a court i did get what i hoped for and a little bit more 🙂
the judge decided not to change my daughters name he did think that it was more what mum wanted and because my daughter wasnt been told that i was her father and mums partner was stepdad he felt he cudnt change the name until she understood proper that i was her dad. but he did say he wud look at it again in 2 yrs to give my daughter a chance to have proper contact with me and my famiy in ireland.
not looking forward to that but least its another 2 yrs she gets to have my surname.

so ill be picking my daughter up in 2 weeks time shes coming for a week at easter 🙂
still waiting on mum to get the passport sorted hopefuly she gets it in the next 2 wks.