Application for Emergency Hearing
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Contents |
Overview
This talks about how to fill in the court application as part of an Emergency Hearing.
You will probably be filling in a C2, check out Court Forms.
It is assumed that you are familiar with filling out a C2, the only items discussed here are those that are specific to an emergency hearing.
Remember that this form serves two purposes and should result in two court orders:
- Used at the ex-parte hearing. Here you have to convince the judge that there is merit in what you seek and that it needs to be dealed with urgently.
- Used at the inter-partes hearing. The form should contain enough so that the issue can be tries and an order made.
You need to keep this short, both hearings will be of limited duration. You can bring extra evidence at the hearings, but too much will jeopardise the success of your application.
In what follows below, an example situation is used - you need to taylor this to your case.
Section 2
This is the section titled 'The order(s) or direction(s) you are applying for'.
You seek an order with three clauses:
- That permission be granted for this application to be made and the matter resolved at an inter partes hearing by the 20 August. At this hearing (time estimate 15 minutes) I shall seek:
- that the court order that I may take the children on a planned holiday to Switzerland
- that mother release the children's passports to me
- Permission for abridged notice.
- Permission to serve by fax or email
20 August should be 3-4 days in the future.
The clause about abridged notice is important otherwise the inter-parties hearing will fail as less than 14 days notice is given.
The clause about serving by fax may be useful if the other party's solicitors are not close by. You should, in any case, still put a copy in the post to the other party and to their solicitor.
The inter-partes hearing will have to be squeezed into planned business. You will increase your chance of success if you ask for a short hearing; this is why you need to keep the hearing focussed.
Section 5
This is the section titled 'Your reason(s) for applying and any plans for the child(ren)'.
You should say what the problem is, how you have attempted to resolve the issue, why this needs to be dealed with quickly. Eg:
- My children want me to take them to Switzerland this coming 1/2 term (22 -> 31 October), they have all expressed a wish to make the trip.
- We would stay with the Swiss family who were my neighbours until July this year.
- The order of DCJ Jeffries on 12 January 2006 made provision for alternate 1/2 term holiday contact (para 3(i)E ) and set out the conditions for both parents to remove the children from the jurisdiction (para 8).
- These conditions necessitate that the parents seek each other's agreement to their travel plans and that it not be withheld unreasonably.
- I sought mother's agreement by writing to her on 30 July with a reminder on 11 August.
- Mother replied on 13 August refusing consent (letter attached).
- The court has examined the facts in this case, at length over many years, and has found that the children shall have the benefit of holidays with me.
- Mother's arguments bring no new facts to this case and, thus, are unreasonable.
- Unless I book flights quickly we will be unable to obtain tickets, so a decision is needed urgently.
Attachments
You should attach:
- Your letter(s) attempting to resolve the matter (ie letters of 30 July and 11 August).
- The refusal (letter 13 August).
- The relevant court order (ie the one dated 12 January 2006). Highlight the relevant paragraphs (3(i)E and 8).
