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Changing the date of a final hearing.?
#1
I've had an email to inform me that my ex wants to rearrange the court date from the end of the month to some undisclosed date because she's not found a barrister for that date. The date was agreed in July so she's had ample time to find one or rearrange. I've also booked the day off work, which was a massive chore in itself and rearranging would be difficult for me and work. Can I stop this happening. I have 7 days to respond.
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#2
I am not sure on this, someone else might now. I would be inclined not to agree for that reason. You could email the court saying you don't agree to the date being put back. Have statements been exchanged yet? You might need a free half hour's legal advice to know what to do.
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#3
The statements have been exchanged a week ago and the day after she asked for the change of date.
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#4
So she is postponing things now she's seen your statement. I don't think she can do that once statements are exchanged. I would write to the court and say statements were exchanged on x date and ex now wishes to postpone the hearing and you request the hearing is not adjourned. But would really suggest getting some legal advice.
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#5
I would strongly not allow changing of date. Its a clear stalling tactic, she doesnt like how its going and like you said you are prepared now and been waiting since july

And also who emailed you to change the date, was it the family courts themselves.?
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#6
Yes, it was a letter from the court along with her application.
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#7
There's a bit about it at the bottom of the page linked below. Was it a C2 you have a copy of requesting a date change? You need to write and say that you don't agree to the date being changed as statements have already been exchanged in time for final hearing. You could add that you consider the reasons are excuses and/or stalling. Not sure whether it would be good to add that last bit or not.

So what has happened is ex and her solicitor have asked the court for an adjournment - the date could be a long time if changed - the court have sent it to you to see if you agree. If both people agree then it probably will be. But it will be decided by the Judge who will look at the reasons and whether one person would be disadvantaged if it was delayed (ie you would be). And if one person doesn't agree then the Judge will make the decision as well. So best that you put in writing back to the court that you don't agree and give some reasons - eg statements have already been exchanged and this could jeopardise the case, you feel it is stalling/excuses.

https://childlawadvice.org.uk/informatio...ily-court/
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#8
yes I would flatly (politely) decline the request for date change. Court will change the date ONLY if both the parties agree and sign the letter of agreement, if one party don't agree then it is assumed the original date will stand. Make sure to respond to the email still declining so that it is on the records.
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#9
SeanS - my EW managed to get our first hearing adjourned citing her work needing her - I wrote and said adjourning would cost my company money as we had the date for 2 months and company was having to pay for someone to do my job for the day plus it would mean another x time for my contact being messed around with ... it was still adjourned for another month!
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#10
Its a lot easier for a 1st hearing to be adjourned than a final hearing

I think its because generally nothing happens at a 1st hearing
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