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FHDRA- will it need multiple hearings

(14 Posts)
sothisisnew Mon 09-Oct-17 12:55:15

Hi all,

Help from FDHRA experts, please!

My DP has a FDHRA scheduled soon to try to see his children more. Specifically, he would like overnight stays in the week as well as EOW. Their mum has refused this, saying that he lives too far away. If she stays in this position (which it looks like she will), is the court likely to schedule another hearing, or would they typically make an order on the day? It seems a straightforward thing to rule on to me.

Thank you!

Collaborate Mon 09-Oct-17 12:57:03

An order would only be made on the day if it's all agreed. Otherwise the court will direct statements and hearing, or a cafcass report (though you probably won't get one of those).

sothisisnew Mon 09-Oct-17 13:06:07

Ok, thank you. Can I ask, is the wait for the subsequent hearing likely to be any speedier than the wait for the first? And I'm guessing an interim order would be unlikely in these circumstances.

Collaborate Mon 09-Oct-17 14:15:57

It depends on the court's diary, so hard to say. If it's straight in to statements then hearing I had a case last year that listed the FH 6 weeks after the first. That is quick.

babybarrister Mon 09-Oct-17 14:49:30

Message withdrawn at poster's request.

sothisisnew Mon 09-Oct-17 15:02:16

Sorry babybarrister, what do you mean?

babybarrister Mon 09-Oct-17 15:29:07

Message withdrawn at poster's request.

sothisisnew Mon 09-Oct-17 15:31:17

Ah I see, so is there likely to be an order to confirm the status quo? Thanks for your help- I find it really hard to find this kind of information online.

Collaborate Mon 09-Oct-17 18:35:23

If it's in the magistrates it will be a recording of what the interim arrangements are agreed at rather than an order (the magistrates clerk, who will conduct the hearing, does not have the power to make an order under s8 of the Children Act). A district Judge in the county court can make an interim order, but as BB says, only by consent.

Julcol Mon 09-Oct-17 18:43:25

Hi does anyone know the approximate cost of applying to court for interim maintenance payments, stbe refused to pay, I left he has the house I'm renting low income he has and is dragging everything out we are having mediation. Which is a long process. He has good salary savings.

babybarrister Mon 09-Oct-17 19:32:04

Message withdrawn at poster's request.

sothisisnew Mon 09-Oct-17 19:48:44

Thank you for the replies.
As one little extra- does the FHDRA have much 'power' to encourage a compromise? Can the mediator point out when one party (or both) is being unreasonable?

MrsBertBibby Mon 09-Oct-17 22:07:15

I haven't had a clerk - only FHDRA in years, there always seems to be a bench or judge available. And they are more than happy to make interim orders not by consent.

sothisisnew Wed 18-Oct-17 14:27:49

Just an update: he has the FHDRA, the ex wouldn't budge on anything... so nothing happened. He now has to wait 6 weeks for another hearing and do the whole thing again- what a waste of time!

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