Annika’s Diary # 8
This week a few of the Lewis Rodgers Team had a training session on Drug Testing in our Macclesfield office. The session was very informative and helpful as Drug Testing can be ordered by Judges in a number of different applications. Drug Testing can be ordered in both Public and Private Law Children applications and such results are taken in to consideration by the Judge when reaching a final decision.
Although the majority of cases are resolved by the Final Hearing stage, sometimes some issues remain that need to be resolved between the parties legal representatives. These include details such as the location for collection and return of children for contact, contact during school holidays and contact between children and their grandparents.
Sometimes it is necessary to draft a letter to deal with outstanding issues, other times numerous conversations between the legal representatives are necessary and eventually the matter may have to go back to court again.
I have attended a First Appointment Hearing in Ancillary Relief Proceedings. The aim of this hearing is to agree questions which can be raised by each party regarding the Form E which are mutually exchanged prior to the hearing. The Form E outlines the marital assets to be distributed between the parties.
I have continued to represent clients in a applications for ex parte Non Molestation Orders and I have progressed to representing clients at the return hearing. This hearing is an opportunity for the Respondent in the matter to attend and contest the continuation of the Non Molestation Order. If the Respondent contests the making of the Non Molestation Order the Judge will list the matter for a Finding of Fact Hearing. The Respondent can attend with a legal representative or act as Litigant in Person. In the time between the return hearing and the Finding of Fact Hearing further statements may be filed, a Schedule of Allegations must be drafted and exchanged, requests for Social Services and Police disclosure may also need to be made. Psychiatrist reports may need to be ordered and drug and alcohol testing may have to be completed. Finally a bundle with preliminary documents must be compiled. All of these documents must be completed and filed with the court by set deadlines.
I have continued to sit in on and conduct appointments with new clients. I conducted my first appointment concerning a Public Law Children Application. I have also sat in on an appointment in a divorce matter which had reached the stage of applying for the Decree Absolute and the divorce ultimately becoming finalised. However, in these particular proceedings the parties had resolved the finances and reached their own agreement therefore the client did not wish to make an application for Ancillary Relief. As a result of this the client was advised to secure a Consent Order and a Clean Break Order. Such orders will ensure that after the divorce is finalised neither party can then make an application for Ancillary Relief and a claim to their ex partners assets.
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