I’m a bit of a newbie to the family court system. Speaking to Support Through Court yesterday, the adviser expressed surprise that it was a Magistrate who had issued an allocation and directions without hearing for the next steps in our court case, when I had explained that my husband had failed to tick the box on his C100 that the case has an international element (it does – he had been living overseas for several months before issuing court proceedings and is set to continue to do so). He thought that perhaps a more senior level of judge is needed for cases with an international element.
I don’t know if this is a significant issue or not. In my position statement that I filed before this allocation / directions was made, I pointed out that the case DID have an international level which my husband had not indicated (he’d put a hotel address as his correspondence address in the UK, as he’d be staying there before he relocated), but perhaps that message got lost in the mix of everything else, and the course are so time-poor they literally allocate things according to which boxes have been ticked or not.
Does anyone out there have any experience as to what kind of level of judge would usually deal with these things. And yes, the said overseas country is a non-Hague agreement country, and yes I am concerned about the potential of abduction.
I would suggest to wait for your next hearing, put in your position statement about the international element issues, and also speak about it in court. I think it’s pretty much up to them to decide what level of judge to use for the hearings.
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