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Failure to attend FDA due to health issue. Urgent

  • blondini
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16 Jun 19 #508080 by blondini
Topic started by blondini
My friend has an imminent FDA, but within the last 48 hours she had a meltdown which she doesn't seem to be recovering from. I have grave concerns about her mental state and that she will refuse to attend her FDA. She has said that she won't be going.

She is the Applicant in the matter and self representing. The Respondent has a solicitor.

It's Sunday and the FDA is tomorrow afternoon. I was going to accompany her to court as I've been helping her all through the Divorce and Financial Application processes, but what can I do to mitigate if she doesn't come to her senses?
Should I contact the Respondent's solicitor?
Should I turn up to court and try to explain?

  • .Charles
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17 Jun 19 #508100 by .Charles
Reply from .Charles
The court may allow you to pass a message from the Applicant but you are not party to the proceedings and the other side may object in any event.

The best thing you can do is contact the other side to explain the position as soon as possible in order that they can contact the court. It will depend upon how benevolent the other side is as to how they deal with your correspondence.

Ideally you would contact the court in the first instance and send a email/letter to other side explaining the position but the chance of getting any communication to the judge in good time is low as the postal transit system at court can take days.

A GP letter would be ideal to confirm the state of anxiety/depression/other but again, the shortness of time mitigates against you.

Charles

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17 Jun 19 #508102 by blondini
Reply from blondini
The FDA is today.
My friend's condition hasn't improved so I will try to contact the respondent's solicitor and hope they are understanding.

Thanks for your reply.

  • hadenoughnow
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17 Jun 19 #508106 by hadenoughnow
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Might she be able to deal with it on the phone? That could be an option?

Hadenoughnow

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17 Jun 19 #508112 by blondini
Reply from blondini
Thanks Hadenoughnow, unfortunately she is in no fit state to deal with anything over the phone. I've been spending the last hour ringing the respondents solicitor and the court but I still don't know what is likely to happen. The court clerk asked me to send an email which I've done, so now it's a waiting game to see if they respond.

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17 Jun 19 #508113 by hadenoughnow
Reply from hadenoughnow
Oh dear. She will need a letter from a doctor to confirm her condition.

I assume she is a litigant in person?

Is there any way she could possibly get a solicitor to represent her at the next hearing?

If he has the means to pay, a Legal Services Order - to cover the costs of representation - could be an option?

  • blondini
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19 Jun 19 #508181 by blondini
Reply from blondini
Here's what transpired:
The FDA went ahead and I think it would have done so regardless of my friend not attending. However, she managed to sufficiently pull herself together with little time to spare and we made it to ourt not knowing what would happen.
The Judge seemed to be very understanding and was kindly disposed, making the experience much less traumatic than feared.

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