Q&As

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 27/04/2020

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?

If a hearing has been listed in family proceedings, it can be possible for the hearing to be adjourned in circumstances whereby one party is unable to attend. As a first hearing dispute resolution appointment is an opportunity for parties to reach an agreement in proceedings, it is important that both parties are able to attend the hearing and the parties and their representatives must attend unless excused by the court. See Practice Note: Child Arrangements Programme—the procedure for section 8 applications, in particular section ‘First hearing dispute resolution appointment—weeks 5–6’.

The court’s ability to adjourn a hearing arises from the provisions of FPR 2010, SI 2010/2955, Pt 1 as to the court’s case management powers. A comprehensive list of the court's general case management po

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