Go Back  British Expats > Living & Moving Abroad > Australia
Reload this Page >

finally - the final hearing

finally - the final hearing

Old May 15th 2008, 2:29 pm
  #1  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default finally - the final hearing

We are due to have the final hearing set for our applications for RFJO, and other child related orders, in the next week

In a moment of complete madness we have decided to represent ourselves

Can anyone offer any assistance, ie: what questions did your solicitor ask the absent parents and what questions were you asked???

Did anyone get the RFJO without going to a final hearing on the basis of the cafcass report and the absent parent still opposing???
eve209 is offline  
Old May 15th 2008, 2:36 pm
  #2  
 
asher's Avatar
 
Joined: May 2006
Location: in the Sydney asylum
Posts: 20,690
asher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond reputeasher has a reputation beyond repute
Default Re: finally - the final hearing

Can't help you with the court questions just wanted to wish you good luck
asher is offline  
Old May 15th 2008, 2:38 pm
  #3  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

Ta muchly,

I shall need a rather large glass of something largly alcholic, I should think by the time its over, probably could do with one before hand, but it might just give the wrong impression
eve209 is offline  
Old May 16th 2008, 5:17 am
  #4  
Lost in BE Cyberspace
 
eddie007's Avatar
 
Joined: Sep 2005
Location: Somewhere South... Not Telling YOU
Posts: 10,959
eddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond reputeeddie007 has a reputation beyond repute
Default Re: finally - the final hearing

Best advice is to get legal representation..

It may be a little late, but surely this is just too important to risk DIY?
eddie007 is offline  
Old May 16th 2008, 5:34 am
  #5  
Living the dream :)
 
nickywes's Avatar
 
Joined: Jun 2006
Location: Little Mountain, Sunshine Coast
Posts: 1,262
nickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of lightnickywes is a glorious beacon of light
Default Re: finally - the final hearing

Originally Posted by eve209 View Post
We are due to have the final hearing set for our applications for RFJO, and other child related orders, in the next week

In a moment of complete madness we have decided to represent ourselves

Can anyone offer any assistance, ie: what questions did your solicitor ask the absent parents and what questions were you asked???

Did anyone get the RFJO without going to a final hearing on the basis of the cafcass report and the absent parent still opposing???
Can't offer any advice but just wanted to wish you lots of luck
nickywes is offline  
Old May 16th 2008, 11:00 am
  #6  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

Originally Posted by eddie007 View Post
Best advice is to get legal representation..

It may be a little late, but surely this is just too important to risk DIY?
I know what you mean but we have already in the last 7 years spent more than 20k on legal representation on family matters only for the others not to turn up or to bugger off and not see the kids anyway!!!! all part of oour statement.

I have done it before for contact issues and was commended by the judge for putting forward a professional case and the order was made according to my recommendations. This time we also have cafacss supporting us.

We know what questions we will ask and will probably be asked of us it was realy an enquiry of how other peoples final hearings went.

but ta for your advice
eve209 is offline  
Old May 16th 2008, 11:02 am
  #7  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

Originally Posted by nickywes View Post
Can't offer any advice but just wanted to wish you lots of luck
thanks, hopefully we won't need it, but you never know if the judge has abarny with his Mrs he might be in a bad mood:curse:


thanks

eve
eve209 is offline  
Old May 16th 2008, 4:10 pm
  #8  
Make it happen!!!!
 
BethandAndrew's Avatar
 
Joined: Mar 2007
Location: Little Mountain, Sunshine Coast, Queensland
Posts: 3,008
BethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond repute
Default Re: finally - the final hearing

Hi Eve,
I had a barrister and my solicitor representing me in civil court.........I thought it was too risky to attempt to represent myself.
The cafcass report was read in detail by the Judge.......and then he asked me to take the stand and swear on oath etc.
He asked me several questions about why we wanted to emigrate to Australia, how far advanced through the visa process we were, how much £ we had spent, what implications would I suffer if RFTJ wasn't granted, did my hubby have good job prospects, (showed him a letter from my migration agent stating our chances of getting the PR visa were very high and that my hubby's skill was highly sought after in Oz), when we were hoping to actually move, our financial situation, how would we cope without family in Oz etc.
Then my barrister questioned me about how the children felt about emigrating, and how would they be emotionally affected if we couldn't go. He asked what type of visa we were applying for and how the visa process worked.........so the Judge could see how hard we had worked to get to this point and what opportunities we could achieve in Oz.
My ex refused to attend the final hearing so the Judge just grilled me.......then he pulled my hubby in (who had been waiting outside the court room) and made him take the stand......asking him almost the exact same questions!!!!!! Luckily my hubby knew everything and answered all questions.
He had to cover every aspect to make his final decision.......and he went off for 45 minutes to make it
If you want any further info just ask hun,
Good luck with court........try to stay positive as I believe that because I had researched everything I wasn't baffled on the stand.
The Judge realised we were genuine people just wanting to start a new life in Oz and not going to 'get away' from my ex.
Beth x x
BethandAndrew is offline  
Old May 17th 2008, 11:14 am
  #9  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

Thanks for you reply its was realy helpful, i shall spend some time this weekend getting all our paperwork in order so that I have all receipts regarding the visa to hand, I think pretty much the questions you were asked by the judge we have already addressed in our statement so will just make sure we re-read that before we go in so all is fresh in our minds, we like you are doing this for genuine reasons and not to get away from other parents (would be ridiculous anyhow bearing in mind they dont see kids and havn't for years)

The cafcass officer has already told us that other parents wont stand in our way if the children really want to go, but sometimes they will say anything in front of cafcass, just to look good, but if it is true then we might be able to get a Stat Dec before the final hearing.

My ex still opposing the childrens name change but I dont realy see that as a problem either as cafcass will report that the children have a clear sence of their birth names and parentage, and after all we only askig to add in my married name so that we all have a part of our surnames in common, haven't asked for birth name to be removed.

I, knowing the ex and the OH ex very well, dont expect them to turn up for a final hearing as my ex has no legal representation and has not turned up for any other court hearings. The OH ex didn't turn up for last final hearing re contact so dont expect her to turn up this time if the cafcass report is in our favor.

We have everything crossed and have oodles of paperwork re research etc.

Thanks again, will let you know how it goes

eve x
eve209 is offline  
Old May 17th 2008, 11:31 am
  #10  
Make it happen!!!!
 
BethandAndrew's Avatar
 
Joined: Mar 2007
Location: Little Mountain, Sunshine Coast, Queensland
Posts: 3,008
BethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond repute
Default Re: finally - the final hearing

Originally Posted by eve209 View Post
Thanks for you reply its was realy helpful, i shall spend some time this weekend getting all our paperwork in order so that I have all receipts regarding the visa to hand, I think pretty much the questions you were asked by the judge we have already addressed in our statement so will just make sure we re-read that before we go in so all is fresh in our minds, we like you are doing this for genuine reasons and not to get away from other parents (would be ridiculous anyhow bearing in mind they dont see kids and havn't for years)

The cafcass officer has already told us that other parents wont stand in our way if the children really want to go, but sometimes they will say anything in front of cafcass, just to look good, but if it is true then we might be able to get a Stat Dec before the final hearing.

My ex still opposing the childrens name change but I dont realy see that as a problem either as cafcass will report that the children have a clear sence of their birth names and parentage, and after all we only askig to add in my married name so that we all have a part of our surnames in common, haven't asked for birth name to be removed.

I, knowing the ex and the OH ex very well, dont expect them to turn up for a final hearing as my ex has no legal representation and has not turned up for any other court hearings. The OH ex didn't turn up for last final hearing re contact so dont expect her to turn up this time if the cafcass report is in our favor.

We have everything crossed and have oodles of paperwork re research etc.

Thanks again, will let you know how it goes

eve x
My court bundle statements had all these questions in already......but the Judge pretty much re-questioned me on almost everything in the statement.
We also had several other court hearings prior to the final hearing......and we also applied to change my daughter's surname to my married surname. Cafcass questioned my daughter about her parentage and what surname she would prefer to be known as etc etc.
The Judge did allow the change of surname eventually as my daughter had personally requested this to the Cafcass Officer, so we then went to our solicitor's and had a Change Of Name Deed drawn up......although her Birth Certificate name couldn't be changed.
My hubby applied to the court to have some form of PR for my daughter and the Judge ordered a Residency Order in both our names......so he now has a Legal Responsibility for her.
We also applied to stop a previous contact order.......which again, after several Cafcass interviews, we managed to change to In-direct contact only.
The Final Hearing seemed to be the most intense as everything revolved around the outcome!!!!!
Just re-read through your statements before you go to Court.....so it's all fresh in your head. Should your ex turn up.....if you have no-one to represent you in Court....then you may question your ex on the stand.....and vice versa!!!
Be prepared to answer any question in detail......the more confident you sound the better.
Good luck, will be thinking of you,
Beth x x
BethandAndrew is offline  
Old May 17th 2008, 11:50 am
  #11  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

All we can do is our best and I think we are both intelligent and more than capable of answering the questions, its just a question of keeping your cool and trying to remain confident, I think I am more nervous about having to ask questions rather than answer them!

We have also asked for discharge of contact orders, but have agreed with cafcass that they should only be temporarily dischared upon migration and re-instated without further court action should we return to the UK before the youngest is 18. Cafcass are concerned that none of the children have any desire to see their other parents and grandparents and therfore should not be forced into doing so, they have suggested that they current orders be amended so the children have a greater say over contact, the school has said and will be quoted in the cafcass report that any contact with the absent parent would be detremental to continued progress, of course that relates to only one of the Children but importantly to the only child whose absent parent is likely to turn up.

Looks like the CSA Enforcement and private baliffs might be at the court next week as they have a liability order for the other absent parent and want to issue criminal proceedings!

Like I say I did represent myself once before but was just for contact which I wasn't exactly opposing anyway, grandparents applied for contact with only two of their three grandchildren!!!!! I was questioned by Judge and their solicitor which was extremely nervewracking but the Judge made an order by my consent for all three children as I had requested.

This of course is a totally different ball game and the judge may defer the case for a final hearing, if it looks like the ex and Oh ex will turn up and fight then I think we will have to instruct a solicitor, hopefully use the same one we used to get residency for OH son as she knows us well and the previous cases well.

Well the OH has just come in the room and tutted at me as I am always saying he spends too much time on the Computer and there I am not even dressed yet, tapping furiously away at the keys

Of to get dressed and do some more DIY does it never end.

eve xx
eve209 is offline  
Old May 17th 2008, 12:09 pm
  #12  
Make it happen!!!!
 
BethandAndrew's Avatar
 
Joined: Mar 2007
Location: Little Mountain, Sunshine Coast, Queensland
Posts: 3,008
BethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond repute
Default Re: finally - the final hearing

LOL......go and get dressed woman!!!!!

I'm sure everything will go well in Court......seems you have covered most things already

Hope the bailiffs turn up.......now that would look good for your case!!!!

Keep me updated please,
Beth x x
BethandAndrew is offline  
Old May 17th 2008, 12:12 pm
  #13  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

Still not dressed I'm afraid found another thread about farting!

Soooooo wish the baliffs do turn up just to wipe the smug little smile off his face that would make me smile inside

eve xx
eve209 is offline  
Old May 17th 2008, 12:15 pm
  #14  
Make it happen!!!!
 
BethandAndrew's Avatar
 
Joined: Mar 2007
Location: Little Mountain, Sunshine Coast, Queensland
Posts: 3,008
BethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond reputeBethandAndrew has a reputation beyond repute
Default Re: finally - the final hearing

Originally Posted by eve209 View Post
Still not dressed I'm afraid found another thread about farting!

Soooooo wish the baliffs do turn up just to wipe the smug little smile off his face that would make me smile inside

eve xx
LOL

Keep smiling hun........hopefully you'll be celebrating this time next week!!!!
Beth x x
BethandAndrew is offline  
Old May 20th 2008, 2:35 pm
  #15  
BE Enthusiast
Thread Starter
 
eve209's Avatar
 
Joined: Jan 2008
Location: kernow
Posts: 402
eve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to alleve209 is a name known to all
Default Re: finally - the final hearing

got the Cafcass report and it recommendsd RMJO



half way there!!!


eve
eve209 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell or Share My Personal Information -

Copyright © 2023 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.