I have just had a directions hearing in the High Court in London today. The hearing was precipitated by my ex-wife writing the judge to complain about an order she made requiring her to submit more detailed financial information. The case is my appeal against a financial order resulting from an application I made for the recovery of flight costs (my ex wife lives in the US with two of our 3 children). The mother routinely holds up court proceedings by failing to comply with orders. My original application was made in March 2010. The financial order I am appealing was made in April 2011. I was granted leave to appeal in July 2011 (based upon the fact that the judge made a mistake). Today's judge could not list a final hearing until October. That will be two and half years after my first application. I am fed up with the delay. Can I ask the court to reschedule the final hearing before a different judge (this judge has only heard a directions hearing) and if so do I write to the judge, the President of the Family Division or the Clerk of the Rules?
Thanks for your question. Please remember to click ACCEPT once you get my answer.Is the matter reserved to this judge?
I am representing myself, as is the respondent. The case was allocated to this current judge after I wrote to the President of the Familly Division. My original first hearing was deferred due to a one day public service workers strike on 30 November 2011. The President then said that the hearing should be relisted before the original judge, who made my shared residence order in 2006 (my current application is a combined appeal and application to modify (slightly) the shared residence order). I then asked for it not to be listed before that judge since the original leave to remove application was strongly contested, I asked for permission to appeal (but was denied) and the order had gone completely wrong (and should never have been made). It was then listed for another judge. I received the following email from the Clerk of the Rules:I can now confirm that your request to have this matter listed to another judge than Mr Justice A has been considered by The President who has agreed, and therefore when you choose to re arrange the 1 day hearing, it can be listed to Mrs Justice B, as directed by The President.I am not sure that this means it has been 'reserved' or just given to a judge/relisted. There is no particular reason why this judge should hear the matter (there are other judges who I would prefer - I don't know if I can ask for them or not).
This sounds like it has been released and will be relisted before another judge.It is going to be listed before judge b, therefore it will be a new judge.It will just be relisted and given to judge b,You can't ask for a specific judge as this may be seen as unfair - but judge b will hear the case. Please remember to click accept so that I am credited for my time. Thank you.
Yes, that is correct for judge A. I came before judge B yesterday but she cannot have a final hearing until October. My question is can I ask for the case to be relisted for another judge (noting your point on asking for a particular judge) because of delay. The final hearing was supposed to be in November 2011 - the next opportunity is now a year later, primarily because of the respondent failing to comply with a court order to supply financial info. (which caused yesterday's direction hearing where she was simply told, again, to comply). I don't know what is a reasonable timescale but this seems like this is not and there is no reason for it to be heard before this judge in particular other than it was allocated to her because she was available.It is really a question about my rights - do I have a right to ask for it to be relisted - and if I do ask for is to be relisted do I write to judge B, the President of the Family Division or the Clerk of the Rules?
You will need to make an application to have the case released from judge b,You can ask and make an application but there is no guarantee it will be granted, Please remember to click accept so that I am credited for my time. Thank you.
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