Will court adjourn if I'm too ill to attend family court

[JoJo2106]

Hi,

Just looking for some advice. I am due to attend family court on Wednesday. I suffer with a condition called endometriosis which is a painful and debilitating condition. The pain is there 24/7 but irs bearable to an extent, except when I am on my period it is complete agony and find it hard to move and am usually laid up for around 3 days. I have a 1 year old so my mum has to come and stay with me when I am like this. Unfortunately I have started to bleed/spot today and my pain getting worse so I know it's on the way. By Wednesday I will probably be laid up in pain. Can I ask for an adjournment if I get a doctor's note and how likely is it the court will grant this based on my reasons? I do have a solicitor. This isn't a first hearing or anything and have been twice before.

Just wanted to point out aswell this isn't just normal period pain it is complete agony to the point I can't move. Should be going in for a hysterectomy at some point.

I would consider speaking to your doctor and asking for some proper pain relief (they can give you opiates for one day if you request them) so that you can be there.

Alternatively you can investigate the possibility of your solicitor standing in for you? They are there to represent you.

A doctor's note would be the bare minimum and the courts will usually look for some way to continue and progress the case.

Why haven't you contacted the GPs and requested more assistance with this? It is not sustainable to be out of action for so long every month and you should already be on medication and referred.

I have tried opiates I am violently sick with them I can't take them. I have prescribed medication though but still doesn't fully help.

Yes I thought maybe solicitor may just represent me.

I have suffered for years with it, endometriosis is very hard to get properly diagnosed as it's usually mistaken for other things and docs usually try lots of different things firsr before referring you. I was referred around 3 years ago and I had diagnostic surgery where they said j did have endometriosis. But because I have had breast cancer in the past which was sensitive to hormones they couldn't treat me as everything is hormonal. I was booked in for a hysterectomy at the start of last year, had been for my pre assessment and everything I was literally waiting on a date then discovered very unexpectedly I was pregnant. So obviously the op didn't happen lol. I had a break from the pain obviously being pregnant for 9 months and it has now came back a few months after having my little boy which I knew it would as there's no cure. I take painkillers ehen it's extreme and will be going back to my gynae sokn to discuss hysterectomy but just trying to wait a bit longer so my little boy gets slightly older as I will be out of action and will be down to my mum to look after him and she's 68 so will be hard work. But it will be happening at some point.

Will have to ring my solicitor and discuss just wanted some opinions first on what the likelihood of adjournment would be.

Basically no, it will still go ahead. I was bedridden for 3 days with migraine and barrister said it would go ahead. Dr note or not. I took some dubious painkillers mil had and can't really remember much of the day.
Except I won!!

Just discuss in advance your position and your solicitor can stand in for you and represent you. The best case would be for the case to be heard in your absence if you can't be there.

Or maybe ask to vacate and reschedule now if you are absolutely sure you can't be there? You will need a doctors letter to do this, but at least you are not wasting the court's time by leaving it to the day.

They may refuse your request though, and press ahead with the case anyway. This is unusual but not unheard of. It is likely that your solicitor will be asked to represent you.

I'm a solicitor. I have to say, in my experience it would be unlikely that a hearing would be adjourned for this. The court is likely to take the view that this is a condition which affects you monthly, you have known that for some time (presumably since before the hearing date was fixed), and you should therefore have taken steps to arrange the hearing date around the likely time you will be incapacitated.

It is not unusual for a client not to be present in court, for all sorts of reasons. Presumably if you need to stay at home, you can still be available on the phone if your solicitor or barrister needs to contact you for instructions? That is how the hearing can go ahead.