UK Family Law

UK Family Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

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

Hi, I had an...

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.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Oh sorry, I am in UK

Lawyer's Assistant: Have you talked to a lawyer yet?

NO no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's the summary...there is a really long story

Show More
Show Less
Ask Your Own UK Family Law Question
Customer reply replied 10 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: 33,881
Experience: Award winning lawyer with over 15 years experience
Verified

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.

Ask Your Own UK Family Law Question
Customer reply replied 10 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.

Ask Your Own UK Family Law Question

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

Ask Your Own UK Family Law Question
Customer reply replied 10 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
Category: UK Family Law
Satisfied Customers: 33,881
Experience: Award winning lawyer with over 15 years experience
Verified
Thomas Judge and 87 other UK Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Kindly, cancel the phone call request. Thank you.
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 33,881
33,881 Satisfied Customers
Experience: Award winning lawyer with over 15 years experience

Thomas Judge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Clare

Clare

Family Solicitor

13,506 satisfied customers

25 years experience of all aspects of family law

jusleen

jusleen

Family Lawyer

627 satisfied customers

Qualified Family Solicitor practising family law since 1999. Member of resolution.

Thomas

Thomas

Solicitor

409 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Joanne B

Joanne B

Family Solicitor

405 satisfied customers

Qualified 1999 with over 12 years experience in Family Law.

UKfamsol

UKfamsol

Solicitor

318 satisfied customers

Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution

INC

INC

Solicitor-Advocate

179 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Kasare

Kasare

Solicitor

174 satisfied customers

LLB (Hons)

< Previous | Next >

Related UK Family Law Questions
Second opinion] I had an final hearing on 26th of April 2017
Second opinion] 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… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
my son is 5 rising 6. We left marital home in 2011. Domestic
my son is 5 rising 6. We left marital home in 2011. Domestic violence. Ex has caution for abh. Ex is also a lawyer. In 2012 ex applied for contact order even though I took our son to see him every wee… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
I have recently separated from my partner. We are joint owners
I have recently separated from my partner. We are joint owners in what was our family home. I now live in our family by myself. My partner took our daughter and I have not been allowed to see her sinc… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
Hello, My daughters father, lets call him X, has made an
Hello, My daughter's father, lets call him X, has made an application to appeal the latest Contact and Residence order. X made the application 'out of time' and did not complete the correct sections o… read more
James Mather
James Mather
My ex partner request I attend mediation regarding contact
My ex partner request I attend mediation regarding contact with my son and then didn't turn up, he is saying he new nothing of the appointment to family members. I was wondering what implications this… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
Following CAFCASS investigation (very favourable for me not
Following CAFCASS investigation (very favourable for me not so for ex-accusations of control and poor decision making)...I have. Sec8-order with sole residency... Ex has a major issue with that... Ex … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
I attended family court on the 23/08/12 for a final hearing
I attended family court on the 23/08/12 for a final hearing regarding residency. My sons are 11/14... They told CAFCASS they wanted to live with me. The CAFCASS report was very positive towards this a… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
my question is my soon to be ex husband keeps taking me to
my question is my soon to be ex husband keeps taking me to court because he wants 50 50 residency and so far the courts ( 3 in magistrates 1 in county court in southampton) have given me out of a 2 we… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
If there is a court order in place for a father to see his children every Friday but he on
If there is a court order in place for a father to see his children every Friday but he only did so for the first two months and since then has been silent. Also the children who are 13 and 11 do not … read more
Joanne B
Joanne B
Family Solicitor
Bachelor's Degree
405 satisfied customers
Hi, A relatives wife left the family home nearly two years
Hi, A relative's wife left the family home nearly two years ago and there have since been a number of hearings re contact with the couple's children. These have culminated with a CAFCASS S7 report dur… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
My wife started a divorce, my intension is to avoid a divorce.
My wife started a divorce, my intension is to avoid a divorce. i have filed my answer asking the court to dismiss my wifes application. i expected to get a hearing date from the court. when i contacte… read more
James Mather
James Mather
can a parent write to a judge to support a daughter who is
can a parent write to a judge to support a daughter who is being taken to court by ex husband for enforcement of a court order even though he has taken less than 50% of his contact time. Thank you Jan… read more
UKfamsol
UKfamsol
Solicitor
Law Society Final Examination
318 satisfied customers
i live in barnet. Last saturday i went to visit my 11 year
i live in barnet. Last saturday i went to visit my 11 year old son who lives in chingford with his mother, and i was shocked to discover that his mother has been overseas for the past three weeks atte… read more
jusleen
jusleen
Family Lawyer
Bachelor's Degree
627 satisfied customers
Hi I was accused by my ex of touching my daughter 4 at the
Hi I was accused by my ex of touching my daughter 4 at the time and my new partners daughter 9 at the time. I have not seen my daughter for almost 2 years. I took her to court for access but can't aff… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
Hi just after a second opinion as I already have a solicitor.
Hi just after a second opinion as I already have a solicitor. Since February my son has lived with me 4 nights per week and my wife 3 nights per week. We are currently getting divorced and my wife is … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
How can my friend get judge to take account of why she would
How can my friend get judge to take account of why she would like her ex-husband to be assessed by CAFCASS? She believes he is mentally ill, their son's headmaster has suggested the same to her and is… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,506 satisfied customers
Can Cafcass interfere with a child without court direction,
Can Cafcass interfere with a child without court direction, court order and permission or consent from primamry care taker during family proceeding? The only thing the Court ordered is for Cafcass off… read more
jusleen
jusleen
Family Lawyer
Bachelor's Degree
627 satisfied customers
I have an application to see my grand daughter being heard
I have an application to see my grand daughter being heard in the courts next week. I have received a copy of the CAFCASS report and in it the lies and untruths that my daughter has told seem to play … read more
Glos solicitor
Glos solicitor
Partner
Bachelor\u0027s Degree
2 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x