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I finally have a First Hearing Appointment - but I can't attend as I am abroad for work on that day! What can I do?

(4 Posts)
Namechanger2015 Wed 02-Dec-15 12:10:37

...I have waited 4 months for a First Hearing Appt, to sort out finances for my divorce. I have finally been given a date in Feb, but I am abroad for work on that day, as so I won't be able to attend. (ARRGH!)

XH has been obstructive every step of the way - he claims not to have received divorce papers via email and post, and also won't answer the door to the bailiffs trying to serve the papers in person, etc, so its been a very slow process to get this far.

I will have to apply to change the date - but I don't know how to do this? I called the courts and they told me to complete a form C11, but I can't find this online anywhere?

Also does anyone know if this will send me to the back of the queue again, waiting another 4 months, or not?

Because the alternative is that I say yes to the date, strongly suspecting that XH will try to delay the date anyway, by not submitting his Form E on time, saying he doesn't have bank statements or didn't receive the court papers etc.

thejanuarys Thu 03-Dec-15 15:15:22

Hello. You are perfectly entitled to postpone a case because of work commitments/being out of the country, as long as you can prove this. The court notice will have a phone number / email address re the court hearing should be at. Contact them and say that you have to postpone date, and ask them to give you form. Look on Internet for 'Family Procedure Rules - Forms' or 'Ministry of Justice' forms. I found a D11 was a good all round form, if a form is what you need, to get date postponed. I am presuming you are a Litigant in Person? If you have solicitor, then they should tell you the form you need. Also, contact CAB at the Royal Courts of Justice, they are the most experienced free advisers re Family matters. Make an appointment now, or sit by a phone and call them until you get answer. It will take a lot of time to get through. Chances, are, as it's a family matter, the postponement date won't be many months away - it should be a shorter time. Stay on the ball now. Good luck.

Namechanger2015 Thu 03-Dec-15 22:08:25

Thank you so much! I can prove that I will be abroad no problem, as I will have flight bookings I can show them.

I am not sure if I am a litigant in person - I have a direct access barrister, so I do all of the paperwork and chasing and he advises me of next steps.

I found out today it was a D11 that I need, I have filled it in and explained the dates that I am away and requested the hearing be before or after these dates. Hopefully it won't look like I am messing them about as I am very keen to get this moving.

It's quite daunting filling in my own forms - I've completed my Form E nice and early in preparation, so I hope I am on the ball enough for now.

You have got me worried that I am not on the ball and have missed something?

Thank you for your help and kind wishes 😊

Namechanger2015 Thu 03-Dec-15 22:09:18

Thanks for the info re the CAB at the Rotal Courts - I had no idea they even existed. I will definitely try them in future. Thanks again.

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