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Difficulty with court date/unhelpful clerk
#1
Hi,
My partner has just qualified as a primary teacher, and got his first job starting on 2nd Sept.
On 1st June he sent in an application to vary the existing order as it is unworkable with his new job. He tried email conversation with his ex which didn't work.
The court eventually issued a date of 5th August and of course was in the one week the parties are on holiday. Before the letters were even sent out with the date my partner had spoken to the clerk about the issue with the date, and that he started his new job Sept 2nd. They gave him and email address to email the issue too. No one responded. So a week later he rang back and the clerk told him they hadn't seen his email. They then conveniently found it. A few more days go by, and the new date is issued. Of course the date is Sept 2nd. Why would they do anything differently.
Emotions here are at boiling point. He feels like he has to chose between his child and his career. Because if he starts the job - he can not go to court on his very first day (career suicide). Nor can he not go to court because then he won't see his daughter for anything other than 1.5 days every other week. (Current arrangement wk1 10am thurs -6pm fri, wk2 fri 10am- sun 12.30pm).
He rang back to the clerk who said tough. You can write a c2 to the judge and that will only be to push the date back, not bring it forward. And it will be £50 if the judge agrees to put it back (!!!) or £155 if the jusge disagrees with putting it back. Crazy?
Anyone have any helpful advice on where to go from here?
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#2
Sorry to hear that. Summer is a very busy time for courts with urgent applications re holidays. Situation now. A court date is boot the run of the mill reason to miss a first day at work so technically should be accepted if advance notice is given. However state schools can be very unreasonable about such things and make an almighty drama about having to hire a supply teacher for a day at the beginning of term. The option of paying £59 sounds like it has risks too and. Judge could be difficult.

So I think this depends on the kind of school. I would suggest he calls the headteacher, explains that the court win’t Change the date (simplest explanation) and apologise and say he would be happy to pay for cover for the first day. The more notice he can give, the more likely they are to accept it. Is he on a permanent or temporary contract? That might make a difference. If it’s a permanent contract thenI’d do what I just suggested. It’s not like a “sicky@
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#3
It's a temp contract, so he really has to prove himself. Only 50% of NQT's get jobs, so he is extremely fortunate to be one of them. But he still couldn't manage the holy grail of a permanent contract. So he feels like he has to go the extra mile to stand any chance for a permanent contract.
He would forever be known as the teacher who didn't show up on the first day of term. Worse still, it's reception class. So the parents won't be so impressed, not to mention the disruption to the children who will be starting that day.
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#4
Ok, I would get legal advice. It’s probably a formality to get the date put back and worth paying a solicitor to sort it with a C2 and the correct wording/authority.
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