Fact find cancelled until next July

[mainstay92]

Hi,
My friends fact find was due to take place soon after not seeing kids for 2 years but has now been changed until Aug as no judges. Is there anything he can do for an interim order to see kids. This is rediculious 3 year wait to see your own children.

 

[Ash]

That is terrible. August 2024! That is just under a year away. Someone else had this issue and I suspect Cafcass tinkering in the background to create a fait accomplis. ie trying to hope he'll give up and go away or to add to the argument that children are settled without him. I'd see that as a big F off. And no interim time meanwhile?

Why has it been changed? Presumably adjourned. Have you asked the court why the date has been changed? (You might find the other side requested adjournment for some minor reason - eg to get more evidence blah blah).

Yes there is something you can do. You can file a formal complaint. I am informed that should get you a hearing within 6 weeks.

Form ex343a and quote the childrens act section 1(2) delay is harmful. And family procedure rules "Overriding objective" part 1.1 2(a) "ensuring that it is dealt with expeditiously and fairly;"

PART 1 - OVERRIDING OBJECTIVE

 

[mainstay92]

Thank you for your help, its really appreciated . Judge said there isnt many Judges that do fact findings and it will be next Aug. He also wants her to reduce her alligations as he said too many is confusing the court. By reducing Alligations they will reduce the days of fact finding.. mothers influence is very clear in this case by alot of professionals involved having said it. Judge said to apply for an interim order even tho told no last time that fact finding was needed and had to happen asap.

Its definitely one sided court system. Shocking after all the reports in and now this.

 

[Ash]

Ok so he's just had a hearing then? And the Judge said all this. Well if he said to apply for an interim order then do that rather than a complaint. Although he'd probably only get supervised time - but might get it in the community. Is the fact find reserved to the same Judge then?

I suggest he gets a transcript of this last hearing and he can attach that as evidence to an application for interim time. Trouble is it can be slow getting a transcription. If you just want a transcription of the hearing itself or post Judgement discussion it could be only 3 to 4 weeks. But if there was a judgement, that goes back to the court for the Judge to approve the transcription before you get it and that can take months.

It sounds like there wasn't a Judgement so you could just tick for hearing and post judgement discussion and get it through quicker. The time taken is for the court to process the application and send it out to the transcription service. The transcription service themselves can turn it around in 48 hours and email it to you.

There's a form which you should find on the court website. Fill that in. As part of it you have to choose one of the transcription companies listed. The idea is you phone them and get a quote, but they will only give a ballpark figure. Mine was about £80 and it was worth every penny. I think I used either Equus or Epiq - can't remember. They were very efficient.

So when you've got the form filled in and ticked which transcription you want, take it or post it to the court. I would tick for the faster option (I think it's 48 hours) because you can add about 3 weeks to that for the court to process it. I would also chase the court up after 3 weeks and check it's been processed.

So then when you apply for an interim order, you can attach part of the transcription as evidence that the Judge told him to apply for an interim order (in case it's not the same Judge). The transcription may also be useful for evidence later as well depending who said what during the hearing.

 

[mainstay92]

Ok so he's just had a hearing then? And the Judge said all this. Well if he said to apply for an interim order then do that rather than a complaint. Although he'd probably only get supervised time - but might get it in the community. Is the fact find reserved to the same Judge then?

I suggest he gets a transcript of this last hearing and he can attach that as evidence to an application for interim time. Trouble is it can be slow getting a transcription. If you just want a transcription of the hearing itself or post Judgement discussion it could be only 3 to 4 weeks. But if there was a judgement, that goes back to the court for the Judge to approve the transcription before you get it and that can take months.

It sounds like there wasn't a Judgement so you could just tick for hearing and post judgement discussion and get it through quicker. The time taken is for the court to process the application and send it out to the transcription service. The transcription service themselves can turn it around in 48 hours and email it to you.

There's a form which you should find on the court website. Fill that in. As part of it you have to choose one of the transcription companies listed. The idea is you phone them and get a quote, but they will only give a ballpark figure. Mine was about £80 and it was worth every penny. I think I used either Equus or Epiq - can't remember. They were very efficient.

So when you've got the form filled in and ticked which transcription you want, take it or post it to the court. I would tick for the faster option (I think it's 48 hours) because you can add about 3 weeks to that for the court to process it. I would also chase the court up after 3 weeks and check it's been processed.

So then when you apply for an interim order, you can attach part of the transcription as evidence that the Judge told him to apply for an interim order (in case it's not the same Judge). The transcription may also be useful for evidence later as well depending who said what during the hearing.

 

[mainstay92]

Thank you for advice .

No it will be a different Judge for facr finding. Every time it has been a different Judge. The last Judge said he wanted the fact finding this year. Today was meant to be to make sure all was in order for the fact find in 3 weeks time...Im sure you understand the work that has gone into it all.
To be told No Judge available.. Very disheartening.. I really dont think dads are considered at all..

 

[Ash]

What was the reason given?

 

[mainstay92]

What was the reason given?

Do you mean for no fact finding? They said they have no judge available for a fact finding. That they have a shortage of Judges overall

 

[Ash]

So the listed hearing in three weeks time was cancelled because the Judge wasn't available and no more available for 10 months? Is this a small provincial court or one in a big city?

 

[mainstay92]

So the listed hearing in three weeks time was cancelled because the Judge wasn't available and no more available for 10 months? Is this a small provincial

So the listed hearing in three weeks time was cancelled because the Judge wasn't available and no more available for 10 months? Is this a small provincial court or one in a big city?

court or one in a big city?

A small provincial court.. Im hoping now she has been told to reduce alligations, an earlier date will be giving as less days needed for the fact find

 

[Ash]

Can't you transfer to a bigger court? I used to apply to the major court in the region and travel as the local provincial one only had one family Judge part time.

 

[mainstay92]

I will suggest that, as could also be an option but dont think she will travel. You are so knowledgeable, its a great help. Thank you

 

[Ash]

Ah yes, that was a ploy my ex used latterly. Getting it transferred from the big court to the smaller one claiming travel issues and it being closer, but really it was about getting the only Judge at that court (who was a bit ineffective).

 

[Ash]

How to go about getting it heard at a bigger court is another matter and maybe making the formal complaint would achieve that. If they have to get you an earlier hearing then it may have to be at a different court. You could put on the application that you want it at x court.

 

[mikeayo1891]

Hi,
My friends fact find was due to take place soon after not seeing kids for 2 years but has now been changed until Aug as no judges. Is there anything he can do for an interim order to see kids. This is rediculious 3 year wait to see your own children.

Hi @mainstay92 Has you friend managed to get a closer date for his FFH? I am in a similar situation as my FFH has been scheduled for November 2024. Its unbelievable as I have no interim order as well. I made a compliant and suggested that my case be moved to a different court but I was told that due to the backlog of cases if I move my case to a different court I might get an even later date. Did your friend find a solution?

 

[mainstay92]

Hi @mainstay92 Has you friend managed to get a closer date for his FFH? I am in a similar situation as my FFH has been scheduled for November 2024. Its unbelievable as I have no interim order as well. I made a compliant and suggested that my case be moved to a different court but I was told that due to the backlog of cases if I move my case to a different court I might get an even later date. Did your friend find a solution?

Hi,
Yes he has a date now for January..
Barrister used not in the best interest of the kids as case is now going on 2 years. It has been moved to another court. Send an Email to the head Judge where u attend. She got the earlier date. If it can be done for 1, it can be done for you too.

 

[mikeayo1891]

Hi,
Yes he has a date now for January..
Barrister used not in the best interest of the kids as case is now going on 2 years. It has been moved to another court. Send an Email to the head Judge where u attend. She got the earlier date. If it can be done for 1, it can be done for you too.

Thanks a lot for your response. I think I'll have to write to the head judge as suggested. Did you have to check availability at the other court before the move? Or was this all dealt with my the head judge?

 

[Kyle]

Is this a common theme at the moment with Fact Finding Hearings? Receiving a hearing date for a year later due to lack of judicial resource? And you're just expected to rot in your own despair for 12 months while your kids go without their father???

Absolutely not good enough!!

So the process for expediting a FFH is:

• Request case is heard at larger court
• Send Email to Head Judge
• Submit Formal Complaint

 

[mainstay92]

Thanks a lot for your response. I think I'll have to write to the head judge as suggested. Did you have to check availability at the other court before the move? Or was this all dealt with my the head judge?

No the Judge or clerical staff sorted it all.. Its unacceptable to wait longer especially in cases where u do not see your children or PA is allowing it to continue for longer. Let me know when you get sorted. Ash gave really good advice. Barrister was also very good.

 

[mikeayo1891]

No the Judge or clerical staff sorted it all.. Its unacceptable to wait longer especially in cases where u do not see your children or PA is allowing it to continue for longer. Let me know when you get sorted. Ash gave really good advice. Barrister was also very good.

Cheers mate. Will keep you updated. Been researching who the head judge for my family court, Central Family Court, Holborn so that I can email them but no luck as yet. No one in the court is willing to provide me with his email address. They're just giving me a general email address for the public. I know my email will not get to the Head Judge.