Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Emergency Application to the courts
#1
Hi all,

Had anyone got any experience with submitting an emergency Application to the courts?

My court order states week 1 and week 3 of the summer holidays for this year to be spent with me. I have booked a holiday for the first week and trying to book for the second. Although the court order states week 1 and week 3 it doesn't give any clear indication about dates and drop off or pick up times.

Perhaps unsurprisingly my ex is being difficult and refuses to commit to a time and place for drop offs. I emailed her 2 weeks ago with a clear, reasonable plan for the times.

As of today, despite a couple of reminders she refuses to agree any times saying she will do so closer to the dates. This makes me nervous as last time she did this she refused contact right at the last minute meaning I couldn't do anything about it.

I feel I have been more than reasonable agreeing to cancel two of my weekends so that she gets the holiday dates she wants. All I am asking her to do is agree times for something that is in the court order, she isn't losing any time or having to switch things around!

This website here seems to say I can get my application in front of a judge and sorted in about 4-5 days. Has anyone any experience in this? http://www.familylawwiki.org.uk/index.ph...cy_Hearing

My current thought is to email her on Monday and give another 48 hours for a decision before I submit an emergency Application and withdraw my agreement for her holiday..... Hoping she will see some sense and agree some dates.

Ideas or options regarding this and the emergency Application gratefully received.

Cheers

ADTR

Just as a further note I made it clear that I would only agree to her holiday dates if she agrees to my proposal for pick up and drop off times.

She hasn't asked for any dates, she informed me she was going away during that time despite it breaching the court order.
Reply
#2
(06-24-2017, 06:58 AM)ADTR_2014 Wrote: Hi all,

Had anyone got any experience with submitting an emergency Application to the courts?

My court order states week 1 and week 3 of the summer holidays for this year to be spent with me. I have booked a holiday for the first week and trying to book for the second. Although the court order states week 1 and week 3 it doesn't give any clear indication about dates and drop off or pick up times.

Perhaps unsurprisingly my ex is being difficult and refuses to commit to a time and place for drop offs. I emailed her 2 weeks ago with a clear, reasonable plan for the times.

As of today, despite a couple of reminders she refuses to agree any times saying she will do so closer to the dates. This makes me nervous as last time she did this she refused contact right at the last minute meaning I couldn't do anything about it.

I feel I have been more than reasonable agreeing to cancel two of my weekends so that she gets the holiday dates she wants. All I am asking her to do is agree times for something that is in the court order, she isn't losing any time or having to switch things around!

This website here seems to say I can get my application in front of a judge and sorted in about 4-5 days. Has anyone any experience in this? http://www.familylawwiki.org.uk/index.ph...cy_Hearing

My current thought is to email her on Monday and give another 48 hours for a decision before I submit an emergency Application and withdraw my agreement for her holiday..... Hoping she will see some sense and agree some dates.

Ideas or options regarding this and the emergency Application gratefully received.

Cheers

ADTR

Just as a further note I made it clear that I would only agree to her holiday dates if she agrees to my proposal for pick up and drop off times.

She hasn't asked for any dates, she informed me she was going away during that time despite it breaching the court order.

I had the same situation with my ex, wanting to wait till near the time to decide, so when I brought a case to Court, I asked for her to suggest dates 3 months in advance, then I would confirm them 2 months in advance. The reason I gave the Court was booking in advance means transport and Hotel costs can be a lot cheaper.

Apply on a C100, to vary the existing Order by urgent applicaitonj. State the order is fine excecpt she will not make arrangments, so you want the Court to now define the dates, so you can book it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
Thanks for the reply.

Do I just post the application as normal? Will it be heard in time?

That website talks about going to court and handing it into a judge directly....
Reply
#4
(06-24-2017, 09:57 AM)ADTR_2014 Wrote: Thanks for the reply.

Do I just post the application as normal? Will it be heard in time?

That website talks about going to court and handing it into a judge directly....

Phone the Court, and ask to make an appointment for an Urgent Application.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#5
Thank you. I'll contact her on Monday to see if the realisation that I will take it back to court on Wednesday makes he come to a decision!
Reply
#6
Quick update - she didn't respond after I gave her one more chance before I took the matter to court.

I took the court application directly to the court on Thursday and I am currently waiting to hear something. I have tried chasing the courts but they seem very reluctant to even talk to me about it.

I am currently at the mercy of a clerk to decide if my application is urgent or not. So frustrating.
Reply
#7
Does anyone have any experience in this?

I have submitted the application (in triplicate) with appropriate fees a week ago directly to the court. I marked the case as urgent and set out the timings (the holiday is booked for 22nd July).

At the moment I am phoning them every day just to try and get an update, they keep telling me they will call be back but never do. What do I do? Keep calmly, politely and respectfully harassing them? Am I being too impatient?
Reply
#8
Hi,

In normal a circumstance you need to calculate 2-3 weeks before the court responses. In a urgent matter that would still be 2 weeks I would think.

Did you inform your ex that you withdraw from giving up your 2 weekends?!

F.
Reply
#9
Hi Frisbos,

thanks for the response. Perhaps I am being too impatient. It is still 2 weeks before we go away but slightly concerning that I still don't know if I will even get a hearing or not.

She is aware that I only agree to giving up my two weekends if she agrees to my dates and I reminded her of this last time I emailed her. She is a serial ignorer. She buries her head in the sand hoping I will go away.

I am getting twitchy as having said "I will take you to court if we can't agree this" I am now faced with the very real possibility of having to go back with my tail in between my legs as the courts might not schedule a hearing in time.

From what I have read and was advised, courts can direct a very short, urgent hearing within 3-4 days. The longer it goes on the less chance I have to change things if I have not filled the form out quite right or even the filled in the right form etc etc Its so difficult to know when to push a little or when to trust in the system...

Cheers

ADTR
Reply
#10
Hi,

I know the frustration but there is nothing else you can do at the moment.

The court should give you a hearing before you intend to go away. If this does not happen this year then at least you will have peace of mind for the coming years as the court should make an order in your favour.

It does not comfort you at the moment I am afraid.

F.
Reply




Users browsing this thread: 1 Guest(s)