UK Family Law
UK Family Law Questions Answered by Verified Experts
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What was the nature of the hearing?
What Order was made?
yes it would
So there was an agreement that you did not wish to abide by - and the hearing was about whether it shoudl apply or not
Did you receive this notice in January?
Did you file your statement as ordered?
Are you now employed again?
Are you now employed?
What do you now wish to achieve?
I am afraid that the Judge was indeed entitled to proceed with the cases on each occasion
On the first date the fact that you had failed to file your statement coupled with the fact that you did not make a formal request for an adjournment led to the Judge going ahead.
Missing the hearing of your applictaion to set aside the Order was a disaster - i appreciate not of your making - and it is fair to say that whilst the Judge was entitled to go ahead it was harsh - and you could appeal the outcome and ask for the applictaion to be re-instated. However you are out of time for an Appeal - so you will need permission to file an appeal out of time first.
However I have to say that the major problem is that, based on what you have said, it is unlikely that you would in fact have been successful in April given that your objection was because of a recent change in your circumstances and there was no reason to further delay the Order
In addition I have to be honest - the Court would agree that a Local Estate agent should be instructed.
I am sorry not to be more positive about your position - but if you do want to try and challenge this then you will need to understand what the problems are
Please ask if you need further details
The Costs order relates to the costs incurred by your ex in applying for the Order in the face of your refusal to agree and implement the Order. It does not relate to the agreement that was made to begin with
If you had attended the hearing in April and lost then it is likely that the Costs Order would have been made in any event - so if you wish to appeal that you will have to appeal the Order and succeed.
I understand the rationale - but online estate agents are still a new development and it is likely that the Court will err on the side of caution