FDA - series of farcical errors and no Chronology!

Hello all

I had my FDA today via telephone.

The FDA was meant to be tomorrow but was moved to today as there were no DJs.

I only discovered this Friday just gone that the FDA was to be Monday after my ex's solicitor contacted me. This was despite numerous telephone calls to the Southampton Family Court that were never answered, and many emails asking that they contact me urgently. I never received any correspondence from the Court prior to the FDA about what format the FDA would take i.e., tel call, video, visit to court.

Today, my ex's barrister had to be chased-up as she didn't immediately log in to the telephone call. This wasted 5 mins (bearing in mind the hearing was only meant to be 30 minutes long).

The judge advised that he did not have my Chronology which is 13 pages long. Basically my ex has failed to disclose a tonne of financial information. For what it's worth my solicitor (I am a Lip) said it was the worst form E etc that she had seen in recent year. The judge said that there was no Chronology as the hearing had been moved to forward by a day!!!!! I mean, what sort of excuse is this???

The judge let the barrister do most of the talking.

The judge tried to get us to agree on our questionnaires before the next FDA and was urging that the next one be vacated. Most of my ex's questions are leading questions. His barrister has problems with some of my questions which I feel are critical and relate to the financial proceeding to the FDA.

Now going to another FDA will cost more money for my ex the costs of which to date for him are hideous (his solicitors - a well known high street chain have fleeced him) and in turn will become my costs too I suppose. I feel therefore under pressure not to got to another FDA.

I am really very shocked by the lack of competency displayed by the Courts.

Is there anythings I can/should do about this? I feel like asking for another judge, but not sure whether it is worth it not, and whether it is possible.

Thank you.

A 13 page chronology seems somewhat excessive. It is supposed to be a brief snapshot of the key dates relating to the marriage and finances. It is designed to help the judge grasp the outline of the matter. I would expect no more than a couple of pages of well spaced bullet points.

Are you saying the hearing was wasted and there will be a fresh first appointment? Or has the matter been referred for FDR?

Was a bundle produced for the hearing? This should have been done by the other side. Was your chronology included in that? You should have received a copy in advance of the hearing.

The judge is not responsible for the organisation of the court admin. They are there to ensure things are dealt with fairly. You cannot pick and choose which judge you get. The only thing you can be sure of is that the judge you have for FDR won't be the one you get at Final Hearing.

Things are a bit chaotic still because of Covid but even in pre Covid days it was not uncommon for documents to be missing at FDA. Thats why the bundle is important and why, in a face to face hearing, it is a good idea to have a couple of spare sets of key documents with you.

In financial matters each party bears their own costs.

Hadenoughnow

Apologies - I meant Questionnaire! (not Chronology...)

We discussed a draft order which my ex's solicitor put together (which I did not receive until the day of the hearing, although the hearing was brought forward a date at very short notice). The FDA was via telephone conference call.

I have just had a looked at the bundle that was emailed to me prior to the hearing by my ex's solicitor and it says 'to follow' for all documents except both parties' Forms E and A which are attached. However, I was under the impression that because I had already filed my Questionnaire with the Court by way of email (and that was accepted) that the DJ would have got this anyway. He was in possession of my Position Statement that was also filed by way of email (separate email to the Questionnaire).

The DJ basically instructed that we were to respond to each other's questions and provide documents by 28/9, and if any questions are in dispute then the case will be listed for an adjourned first appointment to deal with the issue of outstanding questions.

My over-ording concern is that my ex's Form H shows that his legal fees are hideous, whereas mine are minor in comparison as I have paid as I go as opposed to instructed a solicitor. I don't want to be stung for his legal fees as well (especially as it is not either parties' fault for the DJ not having the Questionnaire) arising from another FDA. Do I need to worry about this? Doesn't this make the matrimonial pot smaller, or am I misunderstanding things....?

Thank you again!!!