DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

First Hearing advic...
 
Notifications
Clear all

[Solved] First Hearing advice

Page 3 / 3
 
(@Dadincourtalone)
Active Member Registered

I did represent myself all the way - I did pay for a fixed price consultation with a family lawyer twice. She was excellent and actually recommended representing myself at least at the start.

I actually have a question that extensive Googling doesn't seem to have an answer for - in my joy I didn't write down all the details as the verdict was delivered. The Court have told me they are taking 20 days to produce written orders. When does the order come into force? Do I have to wait until it's delivered to both parties in writing?

ReplyQuote
Topic starter Posted : 24/05/2019 4:59 pm
 Mojo
(@Mojo)
Illustrious Member Registered

...Good question. I would assume that it will take effect from the date on the Order, which should be the date of the final hearing, but I can’t be unequivocal about it. I would give the court a call and ask them to confirm.

If you have contact within the first 20 days I would behave as if the order is in force, drop her a text to confirm it.

ReplyQuote
Posted : 24/05/2019 5:32 pm
(@dadmod4)
Illustrious Member

I would think (though not sure) that the order would be made at the time the judge actually orders it, ie at the hearing. The rest is just admin.

ReplyQuote
Posted : 28/05/2019 6:04 pm
(@dadmod2)
Illustrious Member

wow 20 days, that is too slow! the courts take ages, and in the time they approve/seal and post out the orders to you, you could face trouble from the ex in that time. i was represented all the way. my barrister typed up a draft order days in advance. on the day of hearing he just modifies it, depending on what the other party say or object to. he basically does the admin work for the court. he emails it to them, and they just approve it.

I got my approved/sealed order about 1-2 hours after I left court on day of final hearing. and im expecting the court to post it out to me as a formality, in 1 or 2 weeks time. if you get representation, get someone who carries a laptop with them 🙂

ReplyQuote
Posted : 28/05/2019 9:55 pm
(@Dadincourtalone)
Active Member Registered

OK I managed to get through to the Court on the phone. They confirmed it’s effective immediately.
Contacted ex by email to confirm I intend to start the new arrangements but she is refusing. I even sent a copy of the order I got - she says it doesn’t count because it says draft on it.

ReplyQuote
Topic starter Posted : 29/05/2019 11:15 am
 Mojo
(@Mojo)
Illustrious Member Registered

Does she have a solicitor? Was her refusal by email?

I would send another, explain again that you have taken advice from the court and the order is effective immediately, if she doesn’t comply you will be contacting the judge that made the order and request an immediate return to court. Advise her that if she doesn’t respect the conditions in the order she will be in breach and could face penalties for non compliance. Explain that you do not wish to take it further but if Agreement can’t be reached you will have no alternative.

In the meantime, prepare an email for the court. Across the top of the email you should write

FOR THE URGENT ATTENTION OF : (name of judge)

Include the details of the case; case number and names of you both and your child.

Keep it brief, explain that you sought confirmation from the court office concerning when the order becomes effective, that you emailed the other party concerning the matter, but they are point blank refusing to comply with the order and that you respectfully ask for the courts action on this, whether that be by contact with the other party, or an urgent return to court for new directions.

ReplyQuote
Posted : 29/05/2019 1:58 pm
Page 3 / 3
Share:

Pin It on Pinterest