Can you change the date of a hearing?

[saoirse17]

My ex-husband has applied to court for a child arrangements order and I've just had the paperwork. There's a date for a first hearing (first hearing duaput resolution appointment).

Can I change this date in some way or is this "set in stone"?

When I was called to small claims court, I had to change the date of the hearing. I had to get a form directly from the court and pay a fee to change the date.

You can write to the court and ask to change it if you have commitments which would be difficult to change i.e. a long awaited medical appt or holiday etc. Send in proof of the appt.

As a matter of courtesy you should send a copy of your request to the Applicant.

If you're unsure about your request, just ring the family department of the court and they will help you.

Would having to go to work be valid reason?

Can you not get time off?

I don't know what my employer will say, but I would preferable not take time off work for a court case I haven't even started myself.

They will want a good reason. I don't think work would be considered a good reason. I wrote and asked for a short postponement because my baby was 5 weeks old (nurseries don't take babies until 6 weeks) and I was asked to write again to explain exactly why I couldn't get any childcare ...

Well I'm afraid that's not a good reason from the Court's point of view.

You need to arrange to be available.

If you fail to turn up, you can have a costs order made against you, and the hearing relisted with a penal notice that you attend or go to jail for contempt.

If you want the court to listen to your views, you need to go along.

Work reason would only be good enough if you couldn't get the time off and you would require a letter from your employer. Some special reason like you were working away or there was an audit only you could manage etc.

Otherwise you'll just have to take the time off. Most directions hearings are only for the morning or afternoon so you may not need the full day off. When you get to court you can ask the clerk for your case to go in asap so you can return to work. Judges are very considerate and adaptable to people's daily lives.

Just had info that two of the kids school will be closed the day of the hearing.

Would that be a valid reason to postpone?

Nope. You'll be expected to find childcare.

You cannot postpone indefinitely you know as pusumingly you work full time so you will have to take time off work sometime otherwise he could get exactly what he wants as you would be thought to be uncontested and could end up with a costs order against you as well

You have to go I am afraid. If necessary bring the children if you have absolutely no one you can pay to look after them not even your ex husband's parents.

Don't take the children to court, there is nobody to look after them and they can't come into the hearing.

My ex's mum lives close by but the kids don't feel comfortable with her right now due to her son taking me to court.

My mum is ill and can't look after them.

the kids don't feel comfortable with her right now due to her son taking me to court.

Goodness me you are going to struggle

If you would be at work presumably dc are in childcare anyway.
Otherwise hire a babysitter or nanny.
It s normal to have to take annual leave to attend court hearings

If school closed who takes them usually?

I'd say you'll be expected to attend. I recently had to join a first child hearing via conference whilst on holiday with our kids, because ex would not agree to change the date.

Good luck.

Why do your kids know that ex is taking you to court? They shouldn't know this.

You should be protecting them from adult disagreements, not dragging them right into the middle.

And why on earth have your kids' feelings about their grandmother changed because you and your ex have a disagreement??

What have you been saying to them?

I'm guessing you were obstructive during mediation also - that is if you turned up?