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Some of you may have seen my previous posts about my current court application. For those who haven't, let me summarise: My ex was about to deregister our daughter from school, I filed an emergency application, I then missed the first hearing due to my health condition, a final hearing is scheduled for a couple of weeks time.
Today, I received the order made at the first hearing (without me). Even though, just half an hour after the start of the hearing, I emailed the court to explain the reasons for my absence, this was ignored, and the order states that no reason for my absence had been given, and that as I am the applicant, my ex's court fee is now to be paid by me. Obviously, this seems very unfair. Is there anything I can do about this? I don't have a solicitor and the Child Law Advice line I often use is permanently engaged lately.
I should add that since the first hearing, on the suggestion of Child Law Advice and the court themselves, I have emailed them my position statement (which was not invited by the judge, but apparently I can still do this and the judge is likely to read it), as well a letter from my GP explaining my health condition and how it prevented me from attending the remote hearing.
I just rang the court to ensure they received that and they said it had been put on file for the judge to read. I also asked about paying my ex's fee, but as expected, they couldn't offer any advice on that. They said I could raise it at the final hearing.
On another note, I was advised after the first hearing that Cafcass would be preparing a Safeguarding letter. Having sought some legal advice I was told this would mean Cafcass would call me, thus giving me an opportunity to raise important points. However, on receiving the order for the final hearing, I've found out that they would have already submitted the statement a week ago, but they never rang me. Should I be concerned about this? This application really couldn't go any more to [censored], and I'm feeling that my ex will get what she wants, which is not to the benefit of our daughter, and I will be paying for it.
hi,
so I take it your ex is not on legal aid. i read on that child law advice site that sometimes judges do order a parent to pay costs, for not following process, or being absent etc. when i was represented by barrister last year, on every order he drafted, he wrote: there is no order for costs.
you can try write email to court, explaining your absence, and issue about costs. can also wait till final hearing to clarify.
if you have a cafcass contact, chase them up about safeguarding letter. or you can ring their office.
Well, I'm not sure. She used to, and the firm she uses specialise in legal aid cases, but she is now working.
I've already emailed the court with my reasons for my absence along with a letter from GP, so I am not sure I'd email them again. It may be that they haven't read my reasons yet. In the order I have it does seem to say something about the court fee being reserved until the final hearing. I'm not sure if that means it will be officially decided at the final hearing instead? These court orders are so hard to read, I don't know why they can't write them in layman's terms so that we can actually understand them without having to hire a solicitor to decode the [censored] things!
It also says that at the first hearing my ex verbally made an application for a specific issue order which was accepted, and she's been told she doesn't have to pay for that. How does that work? I am paying to stop my ex from taking our daughter out of school which I had fill out a huge application for, and then she attends the hearing and asks to make an order and it's done on the spot free of charge? Seems very sly and one-sided to me.
I had to pay a small amount of costs for one hearing whereby my ex agreed before so I didn’t provide full court documentation.
I got a telling off from the judge so wrote to him a position statement(this was about moving schools)(my ex moved my children twice without telling me).
The judge rebooked a new court aporearance and I won .
There were no costs in matrimonial matters(each to pay their own) and if you can prove the school she is at is better suited to her needs the judge will support you.
Do you mean you had to pay a fine from the court, as opposed to paying your ex's costs?
I'm hoping what I have sent them will be enough and that their logic will be 'keep the child in her current school for the time being, and if the mother wants to move her to a new school for Spring term or September 2021, then do that, but don't take the child out of school altogether'.
I'm waiting to hear from Cafcass for the usual interview which I'm dreading. No doubt they will throw a spanner in the works. I wish they would stay out of these things as they only make a pig's ear of it as soon as they get involved.
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