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where is a hearing ...
 
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[Solved] where is a hearing urgent?

 
(@Full Time Dad)
Trusted Member Registered

Filling in the C100 form and its asking if I require an urgent hearing.

Under which circumstance would I require this? As recent situation has flared and up and the may be a possible break of contact for some time.

Would this be classed as urgent? Or is this option for child protection cases etc

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Topic starter Posted : 23/02/2017 3:19 am
(@T135T0)
Reputable Member Registered

Hi,

From past experience the reason you gave would not warrant an urgent hearing. The breakdown of contact is common and thats why we usually file C-100's and ask for the court to intervene.

I think an urgent hearing would be put in place if you were very ill and needed contact asap, or the mother was a danger or she was moving away. Im unsure a 100% but thats my opinion as i have filed two C-100 forms over the past 3 years and looked down these avenues myself.

I could be wrong and it will be interesting to see what admin has to say for future reference.

Paul

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Posted : 23/02/2017 4:16 am
(@stepmum)
Eminent Member Registered

This website is helpful - http://www.familylawwiki.org.uk/index.php/Emergency_Hearing

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Posted : 24/02/2017 2:24 pm
(@T135T0)
Reputable Member Registered

So what i said then

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Posted : 24/02/2017 9:33 pm
(@Full Time Dad)
Trusted Member Registered

As I thought, I've just tonight been denied access due to silly childish reasons.

Seen on the link above the line... "You may consider an emergency hearing under the following circumstances: Something that has happened, that needs to be reversed/stopped before it becomes a status quo, eg: court ordered or de-facto contact suddenly stopped"

Since contact has broken could this be our best option? 2-3 months is a rather long time!

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Topic starter Posted : 25/02/2017 2:10 am
 Mojo
(@Mojo)
Illustrious Member Registered

I doubt a court would view a sudden cessation of contact as a good enough reason for an emergency hearing. There usually has to be a serious risk to the child, or an imminent move away. You can try, but don't be disappointed if they refuse.

You are required to have attempted mediation prior to making a court application, if this hasn't happened the court might not process your application until it has been signed off by a mediator.

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Posted : 25/02/2017 2:44 am
(@Full Time Dad)
Trusted Member Registered

I suspected that to be correct Mojo but I must try, as the break could sever ties even further. Especially with her brothers.

Mediation we have tried and failed. I agreed with most of it because I just wanted contact again even though it was mostly in her favour.

Im going on Monday to get some free legal advice at the courts so will check in whether it would be worth a try, heck id wait from 9am to 5pm if I have to! to get a quick ex-parte conversation with the judge

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Topic starter Posted : 25/02/2017 2:57 am
 Mojo
(@Mojo)
Illustrious Member Registered

If mediation was within the last four months, the mediator should agree to sign the court application without having to have any more sessions.

Ex parte is different to an emergency hearing... it means that the court doesn't inform the other party about the hearing until after the event. An urgent hearing just means that it goes in front of the judge super quickly, but the other party is informed.

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Posted : 25/02/2017 3:03 am
(@T135T0)
Reputable Member Registered

Hi,

This is for the chap who originally started the thread, 2-3 months may sounds a lifetime but it soon passes, trust me, ive been in this position for 3 years now, stay strong and think about the good times that are waiting.

Paul

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Posted : 25/02/2017 3:28 am
(@Full Time Dad)
Trusted Member Registered

Sorry Mojo, think I got the information mixed up. That makes sense now. Ex parte and urgent hearing being 2 different things.

I know Paul, before mediation I had some time away from my daughter, this had a big effect on our bond and things were never the same again. I will learn to be patient. Shame adults cant sort these things responsibly!

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Topic starter Posted : 25/02/2017 4:00 am
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