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Can a hearing be adjourned in these circumstances?

4 replies

Courtnightmares · 23/11/2023 10:16

Family court directions hearing in two weeks.
We are waiting for a psychological assessment report currently which is yet to be filed and is nearly two weeks overdue. Have been advised there will be a further delay in filing.
We are also due to ask follow up questions on the report and have an addendum following those questions ahead of the directions hearing in two weeks time.
Can the hearing be adjourned on the basis the psychological report and follow up questions will be delayed? will this impact the final hearing date which is listed for next year?

Another question is, can the court order a third party to supervise contact IF one of the parties objects and doesn't agree? I have been told that a Judge cannot legally enforce third party supervision unless it is agreed by both parties but just want some clarification.

Thanks

OP posts:
Bromptotoo · 23/11/2023 10:35

Adjournment is a sub set of listing and a Judicial function. Whether to allow a delay for the reasons you mention is for the Judge running the case to decide.

Ask your solicitor, or the court if you're in person, what's needed to apply for a dealy. Don't hang about; the nearer you are to the date the more the court will prefer not to adjourn unless it's vital for the interest of justice.

prh47bridge · 23/11/2023 11:15

Yes, the court can order supervised contact if one of the parties disagrees. The court cannot force the non-resident parent to take up supervised contact, but it can insist that any contact is supervised.

Courtnightmares · 23/11/2023 11:17

No, what I mean is the father is ALREADY having supervised contact in a contact centre, one of the steps which is currently being assessed is whether than can progress to supervised with a partner supervising. I do not agree to this for many reasons as the father is abusive. What I have been told is that the Judge cannot legally enforce a PERSON to supervise if BOTH parties do not agree. They can legally enforce supervision but the finer details need to be agreed by both parties, i.e where, who, etc etc

OP posts:
prh47bridge · 23/11/2023 12:06

What you have been told is wrong. You can object to the partner supervising, but the judge can overrule your objections. If this was not so, you could stop supervised contact by vetoing everyone proposed to supervise.

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