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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13474
Experience:  25 years experience of all aspects of family law
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Second opinion] I had an final hearing on 26th of April 2017

Customer Question

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 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 UKJA: Have you talked to a lawyer yet?Customer: NO noJA: Anything else you want the lawyer to know before I connect you?Customer: that's the summary...there is a really long story
Submitted: 1 month ago.
Category: UK Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity what exactly did the Order of 25th July say?

Customer: replied 1 month ago.
Hi,The court order from 25th July said:The court orders:
1. The appeal of the father to be allowed
2. The father application to vary the court order of February 2016 be remitted for a rehearing before a full-time district judge
3. A section 7 welfare report be ordered to deal with the issue of the shared care arrangement and whether a week by week arrangement would benefit to the child more than the current etc. Such report to be filed and served by 4pm on 22 September 2017
4. Short position statements in response to Cafcass recommendations and the parties proposals for future term-time and holiday arrangements etc
5. The case is listed for half a day on 31 October 2017 at 10.30
6. No order as to costsDuring this Appeal Hearing on 25th of July some strange things happened which made me apply for enforcement:1. I was asked to agree on the summer holiday schedule but I was trying to get to an agreement with the father since May 2017. The court order from 26 April asked for parents to cooperate but the father refused and I had many e-mails to proof that. I told this to the judge but I was ignored. These e-mails were submitted together with my enforcement application
2. The father's barrister told the court thar I am Mrs but when it came my time to speak I said clearly that I am Ms,that we have been divorced for over an year.
3. The judge was giving advice to the barrister which I don't know if it is normal but I have been representing myself in court before but I've never seen that. Advice such as: he said the next judge will not read what he said but he will have a discretion
4. The case was moved from Watford Family Court to Hertford Magistrate court
5. I submitted my application for enforcement 3 days after this hearing . My application raised 6 problems each problem had proof attached only new evidence from the period May-July 2017
6. The evidence I attached with my application showed that the father is not complying with the court order and also that he made false statements in court
Customer: replied 1 month ago.
one more thing. On 03rd of August I received a letter from Cafcass saying they assigned someone to this case and I should receive a call within 4 weeks. Nothing happened, I haven't received any call. I tried to chase them this week without any luck. Is this normal?