Unable to make court date?

Dazzles

Registered User
Messages
20
Hello....

Just a bit of background......My husband is out of work for the almost 3 months and has not recieved any SW assistance yet due to back log.
He has a daughter from a previous relationship who he pays maintenance for. Due to situation he applied to court to have the maintenace varied. Court clerk issued the summons and he was to send it via registered post to his ex. All this is fine and ex as been informed that this is going to be done.

So planned on registering summons along with a letter to ex tomorrow. He was then to go back later this week to the court clerk with proof of registered post. But today my husband recieved his exam timetable (he is studying part time also) and the exams are on the day of the court.

Can anyone advise what can be done in this situation. If he was to go back to the court clerk tomorrow could the date be changed as the summons has not yet been sent to ex? Or what happens if he doesn't turn up at the court? We are very respectful of the court and the law but my husband also wants to get his exams completed because due to the work situation here he may need to consider going abroad (UK hopefully) for work. He therefore does not want to have to put off exams until next repeats or next year.

Any advise really appreciated on what to do in this situation. Thanks.
 
As summons has not been served there should be no difficulty in going back to the court clerk with the summons and asking for one to be issued for a different date.
 
Many thanks for that Vanilla. Thats whats what we thought (as it had not been served) and are going to attempt to change date with clerk today.
 
I think Vanilla is quite right. The case would not be listed without proof that the ex had been served in any event so that the fixing of an alternative date should not pose a problem.

Hope he does well with his exams and that he finds new employment without too much difficulty.
 
Make sure he brings along the original copy of the exam timetable from the college as proof.
 
Thanks for that guys. Hubby went along today and brought timetable so no problem changing it. Court clerk didn't do summons there and then so they will phone him to go in for it when its ready. Court clerk said it will probably be July now before it goes to court (was May) so thats the downside. Might not even get to court now as hopefully he will have found work at that stage (he better!). I'm broke paying this amount every week....... Thanks again for replies.