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I had an final hearing on 26th of April 2017 and a final

Hi, I had an final...
Hi, I had an final hearing on 26th of April 2017 and a final order was issued. Immediately the other party appealed. The appeal Hearing was held on 25th of July and the Judge Ordered a Cafcass Section 7 report and set up a new hearing date for 31 October 2017. In the meantime I applied to Court for Enforcement Of court order with evidence that the court order was not respected. A court hearing was set for 22 August 2017. On 21 August 2017 I received a call from the court asking me not to come to the hearing on 22 August because my application will be heard on 31 October together with the appeal. I didn't attend. On 31 August I received a court order which said that my application was dismissed for non-attendance. I called the court immediately and wrote to them about this. Today I was told that the legal team in the court sent an e-mail that my application was dismissed because the order is under appeal and that the Hearing on 22 August shouldn't have taken place in the first place. They said they will send me a copy of that e-mail which I haven't received so far.
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: Oh sorry, I am in UK
JA: Have you talked to a lawyer yet?
Customer: NO no
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's the summary...there is a really long story
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Customer reply replied 4 months ago
What should I do now?1. I didn't attend to the Hearing on 22 August because the Family Court asked me not to attend . The Judges were not informed since they held the Hearing in the absence of both parties.
2. During the phone call I received from court on 21st of August I was told that my application for Enforcement of Court order will be heard together with the Appeal on 31 October.
3. Today they told me that they dismissed my application because the Hearing shouldn't have taken place in the first place . So dismissed means that my application will not be heard together with the Appeal on 31 October.
Answered in 2 hours by:
9/14/2017
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 33,126
Experience: Award winning lawyer with over 15 years experience
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Let me see if I can help and please rate positive. The fact that the order has dismissed your enforcement application does mean that the appeal hearing will only consider the appeal. However this is only correct advice from the court if the other party has sought and it has agreed that there should be a stay. If not then you are entitled to pursue your enforcement application. I would if in doubt clarify this with the court. If there is no stay then the court should also consider your enforcement application with the appeal. Happy to discuss and please rate positive.

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Customer reply replied 4 months ago
Hi, thanks for your reply:1. What does it mean should consider 'stay' and with whom should I clarify this? Should I write to them? So far there is only phone calls. I've seen no e-mail of the legal team who asked me to not attend the hearing on 21 August and they called me today to tell me that my application was dismissed due to non-attending because the hearing shouldn't have taken place in the first place but no proof of that as well.
2. Do they have the right to dismiss my application completely because is the current court order is under appeal?
3. Am I right to think that the contact schedule / rules outlined in the court order should still be followed even though it is under appeal? There is no other court order issued it's just another hearing scheduled for 31 August.I need to understand how to communicate with the court and what I can do next. They are not very clear in what they are doing and saying and unfortunately I need to represent myself.I have lot of proof that the other party is no complying with the court order.Thank you again

A stay is an order not to put into effect the original order which was made on 26 April. It may well be that the judge stayed that order on 25 July and this is what you may wish to clarify. It is only judges who should dismiss applications (they can do this without hearings although they should tell you about this in writing). The court order should still be followed unless it was changed by the court on 25 July. If it is not happening then you may wish to take the matter back to court prior to the end of October. The best way to communicate with the court is through a C2 application, with details on the statement section of that form. Please rate positive on this question prior to phone calls being undertaken by any of us.

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I hope that this answered your question. Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer reply replied 4 months ago
Ok. I understand. I.am very sure thatvthe judge didn't make a stay order on 25th of July - he just ordered a Cafcass Section 7 report and scheduled a new hearing for 31st of October where we should repeat the hearing from 26th of April.On 26th we had a final order issued.I have a court order which dismisses my application for enforcement for non-attendance but I didn't attend because a family court representative asked me to not attend during a phone call one day before the hearing. As soon as I received this court order which dismisses my application I called the court and asked them about the phone call. For 2 weeks I keep call them and today they told me that actually the court hearing shouldn't have taken place anyway and that it is ok for my application to be dismissed as the court order I want to enforce was appealed. But nothing they tell me one the phone is in writing as well.And now I just don't know what to do next.

You have two options - wait until the October hearing or if you consider that she is still breaching the order which is in existence then I would bring the matter back to court - you can do that using a form C2

Thomas Judge
Thomas Judge, Solicitor Advocate
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Satisfied Customers: 33,126
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Customer reply replied 4 months ago
Kindly, cancel the phone call request. Thank you.
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