to not turn up to court?

[gtigti]

Family law matter. I haven't received any paperwork as I'm living at a confidential address. It may be at my old address (friends house) but I haven't picked any post up from there as I've changed all my important paperwork. I didn't realise I was expecting court paperwork.

Turns out I'm due in court tomorrow. No time to get legal representation or legal aid sorted. Don't know what time the hearing is. Don't even know what it's for.

AIBU to not turn up or will that make me look like I don't care? I'm scared I will turn up completely unprepared and unaware of what I'm walking in to.

My address is confidential and I have an injunction against my ex. The hearing for this was held where I live now so he clearly knows I'm not in my previous city anymore.

What do I do?

@sasparilla1 I've used them before but they're not open today sadly.

So general consensus is that I turn up with my son? Just see what happens? I'm so stressed.

Keep trying the court's phone, OP. Get creative if you need to - look up the branch of Victim Support closest to the court, give them a call, explain the situation and ask if they can recommend the best contact number for a court officer/admin.

This is such a mess!

It's a bit too late for tomorrow's hearing but you really will need to update the court with your current address. This can be kept confidential from your ex.

Also, I would suggest while you are there that you make a request that proceedings are transferred to your nearest Family Court so that you don't have such a long journey again.

Turning up with your baby is better than burying your head in the sand. Can you book a B & B?

@SunshineCake I can barely afford the fuel. Definitely can't afford a b&b. I'm on unpaid maternity leave so budgeted up to my eyeballs. I'm just going to have to drive there with my son and head back as soon off and just hope he's ok with such a long journey.

I was told I would need a separate entrance and exit. As well as screens and a Mckenzie friend for support. I hope they can still facilitate this.

Can you call Women's aid for advice? Someone else said just get a Mackenzie friend - not on a day's notice! It doesn't work like that.
I'd call Cafcass back too and explain.

Does anyone know how I can get hold of a solicitor for urgent telephone advice in the next hour? Or is that an impossible task?

If you have not given formula before, do not do so now. It will set a precedent.

Show up with your child. Have bullet points listed out showing the timeline of your notification for hearing. Ask for continuance so you can secure counsel and prepare.

Just ring all your local family law firms and explain it's urgent, someone might talk to you for free

OP, can you take a friend with you to help take care of your son?

Can you call CAFCASS back and explain the situation so they can speak up for you as well?

Keep emailing the Court.

Try not to panic - if you didn't get the paperwork, it's not your fault.

@gtigti
Absolutely go!!
I am in the exact same position with you. Cafcass, non molestation order the lot.
My last court date last month, my ex didn't bother turning up and they were about to scrap his whole claim. It's come down on him really badly. (Not that I'm complaining) however they really get angry when people don't show up.
Deffo try and go even if you have to take a baby.
They will organise a screen for you if you tell them when you sign in.
Take someone with you to watch the baby in a private waiting room.
It's not ideal but it's better then not showing up.

When I was looking for free advice, quite a few offered a free hour or half hour. It is possible

Also may I ask where abouts you are? I'm in London and at the central family courts they are able to organise you a free legal advisor if you need it.

@MessyMummy15 I don't have anyone who will have my son that's the problem. If I did I would just go.

OP I'm glad you're attending Court, good luck

OP,

Yes you can absolutely take your baby to court with you (and older children are allowed to sit at the back of the court) There is no problem asking the courts for somewhere to breastfeed, you do not need to start ff just for this.

In terms of court assistance and advice, ask if you are entitled to speak to the duty solicitor when you arrive for advice. Do you know if you passed a legal aid application? They help you anyway given the circumstances. if you can this evening, even try Citizens Advice who may be able to advise if you call them now.

Otherwise take all of your evidence with you and represent yourself. The Judge will accommodate you, and will know how to ensure the relevant information is received. If you feel very very unprepared and you don't feel the hearing will be fair without legal advice, then ask for an adjournement. Explain you are only learnt about the court case in the last 24 hours and feel that any hearing is grossly unfair, given that everyone else involved had notice, and advice and most importantly legal representation. I would be very surprised if they continued with the case under those circumstances.

Do turn up though op, because the hearing is likely to go ahead without you.

I had to take my son (8) with me to court, he heard things he should never have had to hear. I too couldn’t get through on the phone but email worked, it’s also good to have a paper trail.
When I went to court they asked if I wanted to see the duty solicitor (I didn’t) but they may offer it to you.

I think given the caffcass call you have to go, they know you know. Get there in plenty of time, park away so your ex can’t follow you to your car. Take all your paperwork with you. And good luck xx

Which Court is it?
Has it been listed (chect online for that particular court or call the Court Listing Office)
If its been listed before a particular Judge, try and contact the Judges clerk for advice.
I would say just attend with your baby, but you need to contact the Court, the staff should be able to advise you.

Hi OP, sorry you seem to be going through a lot.
I just wanted to say that you can do it! Of course you can bring your child in court. Driving 6 hours in a day with a baby is not ideal, but you will be fine. You will find the resources within yourself to do it, as this is really important. Do not miss a court date - you really have to attend.
As PP said, do give the court your current address and ask for the matter to be transferred to your local court in the future.
Good luck

You need to go and take your son with you.

If you don't attend, the judge may rule against you in your absence.

Also ask them to hold him back for 1 hr so you can leave the area safely

McKenzie friend is someone there to be in court with you but can't speak to court only you - often they have some legal knowledge but not a solicitor. CAFCASS won't help as they are court appt social worker but anyone involved with your DV case or if you are at a shelter they may have someone who can come as well.

I would email the court your intentions and requirements re screens etc

Good Luck - its nerve racking but they are not against you just remember that

Hi email the court explain you are living at a safe house due to abuse and that you have only just been notified. Ask for a solicitor when you get there. Ask for a delay and take a neighbour - Mum’s net friend or anyone with you to look after the baby - ask for a separate room. Print off all messages etc and emails that you can. Put your case simply

1. I have a non milestone order
2. abuse on this day this day this day
3. carcass assessments - have they’ve been done? Etc