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how to postpone a hearing
#1
hey guys 
how can I postpone a final hearing? 
I had a date for a final hearing in January, but have now received notice from the court that the final hearing has been postponed due to "judiciary unavailability ". Problem is my counsel is not available on those dates, so I want to request another date when he can attend. 
I have a very good counsel and I feel confident with him. Prior to him I spent a lot of money on absolutely useless barristers and dont want to risk getting another useless one. 

Will my ex need to agree to the adjournment ?
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#2
I think the other side could object if they have already booked someone for that date. I don't know really. I had the same dilemma recently but didn't ask for adjournment.
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#3
You need to have very good reason to request to adjourn. The fact that the hearing has already been adjourned once does not really come into it. It is not likely in my opinion to be adjourned on the basis of non-availability of the counsel of your choice. Indeed many parties are litigants in person. There are many other capable counsel would likely be the court's view.

How long ahead is the adjourned hearing? The further away the harder to come up with a good reason really.

Having said that, you say you have just been notified of the adjournment. So this would be the best time to try your request, you have nothing to lose. Delaying would only invite a stronger opposition from the other party, particularly if costs are involved (counsel fees).
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#4
Hey. The hearing wont be until mid February. original hearing was set for end of January back during the summer holidays with a specific judge for the hearing. So a bit weird that they postponed. Its annoying as Id rather get the matter sorted and had a good counsel but I will just have to hope that they agree to postpone it. Cant lose anything by asking so worth a shot. Yes I have just received the notice a few days ago.
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#5
Sounds like the hearing was adjourned so as to provide judicial continuity, ie the same judge dealing with the case through all hearings. It may even be the case that the judge has asked for the hearing to be reserved to him/her for the same reason.This is usually positive and helpful, but to adjourn on this basis can still be frustrating.

Do note, that if your request to adjourn was accepted, the new hearing date would likely be even later, ie further delay.
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#6
The judge I had last time was not the judge booked for the final hearing. there was another name on the order . but maybe your right and thats why they changed. not sure though as no name is included on the notice of hearing.

Yes an adjournment would cause more delays but I think its worth it to keep my counsel. Although I doubt the court will approve my request. Do they have to let me know if they deny my request? So I can book someone else? So far they havent replied to any of my emails in the past about other things. Im a bit worried they wont reply and will just keep the hearing as is, leaving me hanging not knowing if I should book someone new or not.
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#7
(12-03-2019, 11:01 PM)Tigre Wrote: The judge I had last time was not the judge booked for the final hearing. there was another name on the order . but maybe your right and thats why they changed. not sure though as no name is included on the notice of hearing.

Yes an adjournment would cause more delays but I think its worth it to keep my counsel. Although I doubt the court will approve my request. Do they have to let me know if they deny my request? So I can book someone else? So far they havent replied to any of my emails in the past about other things. Im a bit worried they wont reply and will just keep the hearing as is, leaving me hanging not knowing if I should book someone new or not.

I had to ask for adjournment which was likely to be accepted because ex wanted it so I asked them for a new date asap as ex would be asking for adjournment.  They don't really reply - they just send out paperwork with a new date on if it's accepted. I had 2 or 3 weeks to wait before I actually knew it had been adjourned.
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#8
I have always gone in person to court for almost everything I needed, they are far too slow to respond, emails can be lost etc..

Technically, a C2 form ("Make an application in existing court proceedings relating to children") is required along with your signed letter.. But i have successfully obtained an adjournment without having submitted one.

https://www.gov.uk/government/publicatio...-be-a-part
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#9
Cheers guys. In the end I emailed them a day before you mentioned the C2 but lets see what happens. Worst case I get a no. Just hope a judge wont hold it against me at the final hearing. I rang them today to follow up as it's been a week and no reply. Clerk said he would print the email and put it in front of a judge or court advisor. He said someone will let me know regardless if the request is approved or denied. Also requested exes response to my Scott schedule as I have yet to receive that. So I guess all I can do is wait now. Fingers crossed its only slightly delayed so I can keep my counsel but not have to wait too long. Thanks for the help! I will keep you posted.
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