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Changing Court Date
#1
Hi All

My partner has received a date for the initial court hearing regarding re-establishing access to his children again. He has not heard anything from his ex, but his 8 year old child texted an angry message about the court letter and said they were on holiday, so forget it! My partner told his child that he would not have to miss his holiday and that him and mum would change the date. It's really unclear how and if possible though - one website says to adjourn by form C2 but the court letter says they both must attend.

To add to the difficulty, my partner doesn't have the holiday dates. We were alerted by public facebook post some months ago that she was taking the children abroad, but when he asked her some weeks ago if she was going away this year so he could write a letter giving permission, she said she didn't need it as last year the birth certificates were fine and then refused to confirm if she was away even when he asked for dates and location as a courtesy

He's worrying about being seen to have lied to his child about changing the date if it's not actually possible. Even though if it comes to it she will just have to miss the hearing. What can be done?
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#2
(05-07-2019, 11:39 AM)stoneangel Wrote: Hi All

My partner has received a date for the initial court hearing regarding re-establishing access to his children again. He has not heard anything from his ex, but his 8 year old child texted an angry message about the court letter and said they were on holiday, so forget it! My partner told his child that he would not have to miss his holiday and that him and mum would change the date. It's really unclear how and if possible though - one website says to adjourn by form C2 but the court letter says they both must attend.

To add to the difficulty, my partner doesn't have the holiday dates. We were alerted by public facebook post some months ago that she was taking the children abroad, but when he asked her some weeks ago if she was going away this year so he could write a letter giving permission, she said she didn't need it as last year the birth certificates were fine and then refused to confirm if she was away even when he asked for dates and location as a courtesy

He's worrying about being seen to have lied to his child about changing the date if it's not actually possible. Even though if it comes to it she will just have to miss the hearing. What can be done?

When you file any application, you have to state what days you can not attend. Its not up to him to speck for her, she needs to contact the court and explain that she is on a booked holiday then, and they will move the case.

By her not informing the court, she risks a hearing going ahead and an intium order being made pending a 2nd court date.
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.
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#3
Thanks Mark. Hopefully she will do this and let him know. He has tried several times to call the court today but either no answer or call has been dropped.

In my opinion it might be better if she does end up missing the hearing!
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#4
(05-07-2019, 11:39 AM)stoneangel Wrote: To add to the difficulty, my partner doesn't have the holiday dates. We were alerted by public facebook post some months ago that she was taking the children abroad, but when he asked her some weeks ago if she was going away this year so he could write a letter giving permission, she said she didn't need it as last year the birth certificates were fine and then refused to confirm if she was away even when he asked for dates and location as a courtesy

And now the request for the travel consent form arrives, complete with holiday dates. I guess someone has pointed out to her that missing court for a holiday she refused to give details of to the children's father was really not going to reflect well....
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#5
Hi again

She applied to adjourn the hearing but has not heard anything back. What are the consequences to her of not attending this initial hearing - it's not classed as contempt of court for family court is it? Again angry messages from the 8 year old have landed, he believes that if the date can't be moved then mummy won't be going on holiday with the children and the rest of their extended family. Obviously this is all my partner's fault.... he will phone court to check but it took days to get through last time
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#6
(7 hours ago)stoneangel Wrote: Hi again

She applied to adjourn the hearing but has not heard anything back. What are the consequences to her of not attending this initial hearing - it's not classed as contempt of court for family court is it? Again angry messages from the 8 year old have landed, he believes that if the date can't be moved then mummy won't be going on holiday with the children and the rest of their extended family. Obviously this is all my partner's fault.... he will phone court to check but it took days to get through last time

Its normally faster to email the Court.
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.
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#7
thanks, she has emailed several times apparently according to the 8 year old

My partner is trying to reassure him, but doesn't want to tell him of course Mummy will be going on holiday with you if actually she will be in a lot of trouble if she misses the hearing. We're just trying to get the facts straight as the poor kid has already been given far too much adult information and is obviously very upset
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