[Solved] Poisoning our child and looking for help.

Didn't expect that...... she didn't show up.

Case Adjourned.... another week wasted and lost.

that's a good sign and were u represented and did u push for a result today or ask for costs

I only saw an advisor, not a magistrate or judge. They said they couldn't do anything else apart from adjourn it, didn't realise I could ask for costs?

I'm not sure about it being a good sign, she'll just blame the post for not delivering the papers. Easy get out as they aren't recorded delivery.

I'd forget about costs, they are only granted in super exceptional circumstances, if ever.

I don't think it's a good or bad sign. Did you get another date? Did the court serve her the initial papers or did you?

The next time be prepared to ask for the case to be heard in her absence, if its just an advisor again then request that the next hearing is listed with the judge/magistrate so that the case can progress.

She will get away with not attending this time but if she does it again then the court should try and move it forward.

id advise that u don't make presumptions like you wont get costs as that is the law and costs have been awarded in similar situations. You my not get it but u will tip the scales in your favour everytime you can show how unreasonable she is and milk any advantage for every ounce of advantage is the most un hostile and charming way possible without seeming to be unreasonable. For every inch u gain try and take a mile.

and.....I have also come across hearings that were not attended where the dad proceeded and go very favourable results because there was no one to oppose. The notice sent states that the a hearing may go ahead in your absence. If you make a big noise this time then next time it will be harder to deny you and I appreciate with a clerk a big noise ay be hard but they can record your objection to an adjournement.

Id guess that its good news because it means that shes not represented as they would not have missed the hearing. This isn't always good news but in ur case I think it might be. The judges are used to being obeyed and if she gets on the wrong side of them she will be in for a shock. They expect her to turn up and unless she has an amazing excuse then they will see it as disrespectful. All the little things count and every inch should be milked for all its worth.

I know your in limbo but that isn't nec bad news and could be good news if she is going to try buck the system. Id be tempted to take some advise for costs and make as much out of the error as you can. whether u win or not its pressure and every little bit counts.

It's just a bit ridiculous as this isn't the first time she hasn't turned up for an appearance.
The court sent the paperwork, however as they use normal mail they can't prove it was delivered. Surely it'd be cheaper to send everything recorded rather than have to send everything twice or get it hand delivered?
Just more delays and no penalties for doing so...

I'm sorry rob I'm not making an assumption here, costs are not awarded in family proceedings involving children, only in divorce proceedings. If you know of a case where costs has been awarded then could you give me details of the case as this would be setting precedent and as such qualifies as case law.

The courts do have the power to have the papers served by hand by one of their officers, perhaps you should call the court and request that the papers are served in a provable manner.

The courts will run out of patience but you must push them to act. I think next time you will speak up for yourself!

Perhaps this article might help to understand the no costs rule

www.harbottle.com/should-the-cost-rules-in-family-proceedings-be-reconsidered/

the Court’s power to make costs orders against one party to repay all or some of the other party’s legal costs is, for the most part, reserved in matrimonial and family proceedings for instances where the paying party has failed to meet or comply with certain procedural requirements. The Court will sometimes make an interim costs order against a party if their conduct has effected a particular section of the proceedings or the effectiveness of a particular Court hearing. This means that generally the Court will not make a final costs order and the parties to the proceedings will otherwise each bear their own legal costs of the proceedings, whatever the final outcome of those proceedings.

And yet, we have now seen a recent decision of the Appeal Court whereby the Judge, Mr Justice Mostyn, has dismissed an appeal application by a mother who was seeking greater contribution from the father of their child to the school fees for their 17 year old son, and whereby the Judge made an order against the mother that she pay £13,000 towards the father’s costs.

In his judgment, Mr Justice Mostyn highlighted that the parties’ costs liabilities “completely dwarf the sums” that the parties were arguing about. He expressed his concern that:

“Time and again judges point out the madness of litigating in this way; and time and again their admonitions fall on deaf ears. At the end of the day all we can do is to express concern about such extreme folly, and if it is ignored then the parties will have to live with, and take responsibility for, the consequences of their decisions.”

While the Court’s costs decision turned on the Judge’s considerations of how the Court should treat costs in certain types of proceedings under the presiding legislation, the case confirms the Court’s discretion to make such costs orders, which are likely to have considerable impact on the net effect of any outcome of the case.

I hope I made it obvious that its not really about challenging for the costs but as much about making as much out of her mistake as you can. That's one benefit of being lip. I see it as another opportunity to gain advantage. if you are refused costs then maybe they will feel like the next 50 /50 decision should go your way even if the costs was never a 50/50 decision. Or maybe the next time she is absent they will take more action. asking for costs is simply to amplify the mistake.

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http://www.bailii.org/ew/cases/EWHC/Fam/2012/2199.html . heres one

I take your point rob but you have to be careful that the judge doesn't see you as a vexatious litigant and ban you from further applications for a period of time.

Whilst its good to highlight some mistakes it can often bog the case down and prolong proceedings. IMO it's far better to try and get past these annoyance and keep focused on the goal.

at my last hearing the judge threatened the op with an order for costs against if she failed to produce the correct documents. There is also mandate in cpr for costs for non disclosure and while I agree that in normal circumstances costs will not be awarded if either party misbehaves then it is relevant and permitted to apply for costs. This is part cost and not full cost award which I would guess would not be effected. However the opportunity is there to heap as much leverage on the op as possible and exploit all and any failures to the max does it matter if its denied in the process.