ONDIVORCE GENERAL AND CONTACT MESSAGEBOARD
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Subject: Lost
Posted By Captain Oates on 29-01-2010
Well. Devastated. Was a directions hearing. Supposed to be there for 30 mins. The case before went on then we came back in the afternoon and he heard us.
The judge said ok for not being there last time, then ordered costs for my application this time. He said it lacked merit and ordered costs. I am absolutely devastated, I did say I had the children at heart but he said their mother should not have to go back to court. There was no bundle as it went missing. So I don't know if I am supposed to pay for that, I hope not. I don't know how much will be or if I should appeal am lost. They didn't bar me from making further applications or anything, just at the end the Judge said any more applications then the barrister turned to my ex and asked her if she wanted costs, she said yes and he ordered them despite me saying was very unusual. I would appreciate advice and simes advice. I made the application as I didn't want to live under the threat of the costs order for the last hearing, which I avoided and ended up with this. Judge says I was badly advised and should have had a solicitor and barrister as am working and if they had read the order they should not have made the application I did.
Follow up comments
Added By Captain Oates on 30-01-2010
Costs on a directions hearing can't be right? Should I appeal?
Added By Kat007 on 30-01-2010
Sorry that happened and from my understanding costs should not be awarded at directions hearing as it is directions for the next stage not a final hearing. Oats I would suggest that you get someone to go with you next time. I did our FDR hearing for kids last week or was it week before all a blur now. I went on my own and all was fine as it was to just get cafcass report organised and ex ordered to go to parenting classes and commnication classes so he can effectively parent with me and not against and learn how to communicate without malice and only about the kids and not bring up his failure of our marriage. lol
Ask the court officials why costs had been awarded against you and was this correct, also if you can seek to get contact your kids want with you both via the court but do take some legal advice again so that your application is correct and that your position statement is not malicious against your ex but about the children only. My ex's I couldn't even bother to read at court because I knew exactly what it would say and it was all about me being a bad mother no mention of the kids.
Keep going and speak to the court lovey xx
Added By EnglishRose on 30-01-2010
In other types of litigation costs for intermediate hearings are sometimes given. Not sure about family law. I fyou appeal and lose you will have to pay even more costs. Most court action is a waste of time. People to work on psychology more than law and try to see the good in others, compromise and reach agreements. All contact tends to work better like that.
It is not okay you weren't there last time. That should never happen and why was this court bundle missing? It all sounds very messy and badly done and someone should p ick up the tab for that not the poor tax payer. It's only be adverse costs orders that we get people to take courts seriously sometimes.
Anyway what are you applying for?
Added By Captain Oates on 31-01-2010
wasn't my bundle and wasn't found to be at fault for not being there last time.
Added By Simes 2p on 31-01-2010
CO,
'He said it lacked merit and ordered costs.'
What was your application?
Added By Captain Oates on 01-02-2010
I asked to set aside the last order as I couldn't be there last time
I asked to increase the contact back to what it was before last time
I asked to order parents to attend classes to communicate
He said application was only on the first of these three and that as was not within the necessary 14 days as per 1983 law or something was hopeless and without a chance and that I had been poorly advised by the solicitor who advised otherwise. Said unusual but should order costs as Mother shouldn't have to pay to defent cases with no merit. I did ask if he would regard it as a application for variation instead (was on a C2), he said no (was in a very bad mood which opposing councel increased).
Added By Captain Oates on 01-02-2010
Should I appeal as the application was in good intention to have better and more contact?
Added By Captain Oates on 01-02-2010
Application was also so I did no longer have the threat of costs over my head if I attend court and not explain last hearing's non attendance.
Added By Captain Oates on 01-02-2010
Can I get the court to cancel this as perhaps they should not have accepted the application if it was made outside of time? Also the directions hearing was at the court's request upon reading my C2. Also, can the Judge order costs at a C2 family directions hearing? Don't know what to do.
Added By Simes 2p on 01-02-2010
CO, it doesn't make sense to me, but then the majority of what you say doesn't.
If the first part of the application was valid, then surely that is sufficient.
I suggest that you need to get someone to read through the paperwork and sit down with you for some time to talk it through and work out exactly what happened.
In the meantime, if you are only paying for the cost of this one hearing, it probably won't amount to much. Is it worth chasing? Find out the costs before you go any further.
In response to your last post:
Can I get the court to cancel this as perhaps they should not have accepted the application if it was made outside of time? - No.
Also the directions hearing was at the court's request upon reading my C2. - You asked for a hearing, they gave you one. Its not up to them to see if it has merit without hearing your evidence.
Also, can the Judge order costs at a C2 family directions hearing? - Yes.
Don't know what to do. - As above.
Added By Captain Oates on 01-02-2010
He said first part was not valid as was out of time. Thank you for your response. I think will be more than a little money considering he left it til the end of the day and the representation she had sat there doing nothing until then. Do I pay for him to sit there on the phone on other matters for the rest of the day?
Added By Captain Oates on 01-02-2010
Also, they put a bundle together but the judge didn't get it, do I pay for that too?
Added By Simes 2p on 02-02-2010
CO,
I am pretty sure you only pay for Court time, not the hanging about.
If the bundle didn't arrive, then I would refuse to pay for it.
Added By Captain Oates on 02-02-2010
Cheers.
Added By Captain Oates on 02-02-2010
I hope you are right.
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