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Solicitor hid other parent's application, informed me day before hearing

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lunico93x

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I just got notice at 4pm yesterday (a Friday) of a FHDRA in proceedings started by the other parent in late April. The court didn't notify me as the other parent pretend not to know my contact details. I've had several rounds of email correspondence with her solicitors going back to July, so they were fully aware of how to contact me.

I already know how badly this contravenes the Family Procedure Rules and Human Rights Act Article 6 (due process/fair trial).

I was informed at 4pm of a hearing the next working day. This is not in an urgent or ex-parte application. Leaving me no time to secure legal representation, and even if I could over the weekend no time for that representation to adequately prepare.

My only choice is to attend the hearing and refuse any substantive discussion, just pointing at the procedural unfairness. And I will make a complaint to the SRA about the solicitors.

This is mind-blowing.
 
That’s indefensible. Can only imagine they want you to cancel this FHDRA so they can delay proceedings.
 
Just to clarify, this is a separate set of Childrens Act proceedings to my own that I started in May. So I'm sat here waiting for a FHDRA in my proceedings at the end of the year, all the time she's had her own proceedings, an FHDRA was scheduled, and nobody told me. Until the day before.

Scumbags.
 
Confused surely there is only one set of CA proceedings. Who ever gets in first is applicant and gets the ball rolling ?
 
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mva said:
Confused surely there is only one set of CA proceedings. Who ever gets in first is applicant and gets the ball rolling ?
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There can be parallel proceedings which are usually adjoined immediately. They're not usually conducted in secret though.
 
Has ex got representation and you LIP.

What are you after contact wise .

What do you currently get.
 
I suggest you email the court now along the lines of

Subject heading - case number (quote both case numbers) - urgent - hearing tomorrow.

"I request the hearing tomorrownd is adjourned because no one notified me about these proceedings or the hearing until 4pm today. Mrs ex's solicitors are well aware of your contact details because they have been corresponding with you since April, but you didn't receive court papers because apparently Mrs Ex claimed she didn't know your contact details. However her solicitors did know your contact details.

There is currently a case running via my application, case number xxxxxxxxxxx and I was unaware at all of the case number xxxxxx and its hearing for tomorrow. I would have thought the cases would have been consolidated.

Please can you confirm that the hearing tomorrow is adjourned. I will attend in case the court doesn't have enough notice to adjourn today, but have had no opportunity to prepare for this hearing and was completely unaware of this case and application.

I would be grateful if you would pass this email to the Judge.

Thank you,
Yours sincerely, your name (Father)"

Unless you get anything back from the court today (unlikely), then turn up tomorrow and ask for the case to be adjourned when you get there and for it to be consolidated with your case. You could also take a brief position statement in the morning saying similar to the email, in case the Judge doesn't get to see the email.

What is her application for anyway? Also a C100 for child arrangements? Could it possibly be an urgent 48 hour application? (Eg specific issues). Check what it says because if it's an urgent hearing, you can't ask for it to be adjourned. Or you might be able to when you get there.

I'm around tonight if you want to prepare anything.
 
Hearing happened. District judge. She wasn't impressed with the solicitor's tactics and made it very clear. Agreed to my adjournment request. Agreed to my request to merge the two sets of proceedings into one. And agreed to my specific steps application to get my child's education and healthcare details. There was a CAFCASS officer at the hearing and he too made it clear that I have the right to that information and will receive it.
 
Good stuff :-) Her solicitor has wasted court time and costs. So you got a specific issues order from it as well? Just curious - did you send that email to the court? Or something like that - looking back my version was a bit muddled between "your" and "my" :-)
 
lunico93x said:
Hearing happened. District judge. She wasn't impressed with the solicitor's tactics and made it very clear. Agreed to my adjournment request. Agreed to my request to merge the two sets of proceedings into one. And agreed to my specific steps application to get my child's education and healthcare details. There was a CAFCASS officer at the hearing and he too made it clear that I have the right to that information and will receive it.
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Do you have parental responsibilities?
 
DadLad said:
You can request it, and if they don't provide you can contact the local authority.
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Yeah I did both those things and still got refusal. It took a district judge and a cafcass officer at a hearing telling her she needs to provide it to make the point. I still haven't got it but I'm guessing I will in a few days.
 
lunico93x said:
Yeah I did both those things and still got refusal. It took a district judge and a cafcass officer at a hearing telling her she needs to provide it to make the point. I still haven't got it but I'm guessing I will in a few days.
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What reason did you give for wanting to request this information?

Did you even have to give a reason?
 
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