My ex refuses to as he disputes this conversation ever happened with cafcass and that cafcass promised him direct contact. What is the judge looking to hear from us? The fact that you have successful contact in a centre, supported for such a long time will go in your favour. This will now be heard at a 2 day final hearing. Cafcass recommendations are for my ex to attend a domestic violence perpetrator programme. The FINAL HEARING itself is a form of trial when usually both parties will give evidence and will be able to challenge the parts of the other persons evidence by asking them questions. What do I do? Child contact centres are there for children to maintain or re-establish contact with a parent, other relative or another person important in their life. Can you clarify which city? A final hearing will need to decide what the final position is on each issue that has been put before the Court. You dont want to give the impression you have something to hide and defensiveness can sometimes be misinterpreted as aggression. It sounds good that you have got to final hearing. So today, Wednesday, no phone call from his Dad I would like to know what I should do Sunday, in case if his Dad dont come to see my son. My ex husband is taking me to court for a child arrangement order and he is asking for full custody and for my son to live with him full time. The FCA will discuss the content of the safeguarding letter with the court and will advise on next steps. Is there any advice in preparing my 4 sides of A4 position statement? Once a court hearing regarding children and mothers visitation, is the solicitors outlined letter binding until the actual court order is received. I am wanting to go on holiday for 26 days to US next year and fear i will have to talk to him about it. . Hot These cookies ensure basic functionalities and security features of the website, anonymously. Used for pop-up surveys to track whether the survey was already taken to avoid re-showing the pop-up. Active Can a judge rule for temporary foster care while we are not in court? I just wanted to say a big thank you to those that contributed to my posts and helped when we really were struggling to find any hope - esp Mojo. If you are concerned about the drafting of orders we would suggest that you raise this with the Judge at the next hearing or seek your own independent legal advice. However, in December 2019 she wanted to change this arrangement which I did not agree with. This cookie is set by GDPR Cookie Consent plugin. In the witness stand Cafcass said child would be at extreme risk of emotional harm if my ex carries on as he does. The court will place considerable weight upon the professional opinions and recommendations of Cafcass officers. Should I present any evidence i.e. What is a Section 7 Report and how much influence does Cafcass have? Unrepresented parties find it particularly difficult to challenge Cafcass officers. Share travel arrangements There are so many contradictions with the things she says and constantly accuses me of things and when I reply she gets her solicitor to send my solicitor a letter telling me my tone is out of order which is subjective. - There are no allegations between me and son and wife has admitted son loves spending time with me. Im seeking help from a counsellor, will this be used against me when I go for our custody hearing? Her solicitor argued that since cafcass deemed me high risk, the onus was now on me to self refer and then make my own child arrangement application at a later date. I also sought counselling for myself from the GP, which helped me keep focused. @kieransav hi. . My question is if I was to go back to court 1)would she get done for wasting police time,perjury and falsifying evidence but 2) even if by now she has brainwashed our child, would it matter if I still drink no matter if its socially or once every blue moon? This was not a fact finding mission. I disagree with a large amount of the assessment and some of the information is inaccurate, which I can prove. This is called cross-examination and is an opportunity to stress test your evidence. Part of that will include looking at how capable each parent is of meeting the childs physical, emotional and educational needs. This cookie is set by GDPR Cookie Consent plugin. Unforunately Cafcass did not submit the report in time for their hearing in July so it was pushed back to October. My ex wife has objected to everything to date to try and resolve the situation. The cookie is used to support Cloudfare Bot Management. Also a position statement and an opening statement, are these the same things or two separate items? If you would like to discuss your case in more detail please contact us to arrange an initial appointment. I received the Section 7 report whereby it was recommended that the both children live both parents on alternative weeks. Exh lost his case. Our newest member: Kieransav Dear Harry, thank you for your comment. I am terrified of losing my son because of his manipulative behaviour. If you are representing yourself, similar rules apply to the opening statement. The executive session was one of the first items on the agenda, with the board returning for the rest of the open meeting at about 8:30 p.m. Ensure your statement is child focussed as opposed to parent focussed. This is an opportunity to summarise your case and explain how it is illustrated by the evidence before the court. Linzi Perriman is a solicitor in the family law team. When speaking to CAFCASS it is best to focus on your children and frame your answers to questions around your child's needs. I have never denied it and I have repeatedly stated that I am sorry, it was one instance, and after provocation. I would like to file evidence and am struggling getting my side and evidence seen. The last thing we want is to turn up at the final hearing and they say, the cafcass officer is not here, postpone the case. Please call the office and book in for an initial appointment if you require advice tailored to specific circumstances. Forum for single Dads and divorcing Dads seeking help with child access and more. The legal process is set out in the Child Arrangements Programme 2014. Thank you for your comment. Am I free to include a position statement/evidence that supports or explains why I want those arrangements and argue against the arrangements she wants? You can instruct a barrister, like me, to represent you at a final hearing. If you are representing yourself then you can give an opening statement but try to keep it concise and factual. This is called enforcement. As of the new school year, my partner will have his child dropped off Friday 5:30pm every other weekend and he is to return 7:30pm sunday. When it is your turn to give evidence, you will go into the witness box where you should find drinking water and the trial bundle, which is a bundle of all the papers in the case which are being considered by the court. WE offer some free access to solicitors plus free branch meetings throughout the country. Hi, If you are seeking advice or have any questions in relation to this article, you can contact Sarah by calling 0345 450 5558 or by emailing enquiries@stephens-scown.co.uk. Thank you for your comment. At a Final Hearing the Judge will consider all of the available evidence, this will include evidence provided by the parties, any relevant Cafcass reports and information that has been provided by the Local Authority. Will that all go against in court what will the judge look at after she says all that about me? Iv paid for mediation she didnt answer the call Iv tried contact Center but they wont help until the assessment has been done . Tips When Meeting CAFCASS. If it has not been possible for Cafcass to have completed the telephone interview with you or the other party, the FCA will ensure any outstanding safeguarding issues are discussed, assessed, and that the findings are made available to the court. Also i am fearful of talking to him as every-time do he causes me distress and anxiety as he makes me scared he is controlling me. Alternatively fill out the form below and we'll get in touch right away. I have 50/50 shared residence, mum broke it for the third time, i put in a enforcement order but before the hearing date mum filed a prohibited steps order based on social services being involved for safeguarding reasons which are untrue, so she has me under the microscope atm, social services have sent their report in as requested which clearly states no involvement and no safeguarding concerns aparent, also a section 7 has been requested by myself and granted, once all her lies are shown as just that will i get 50/50 re-instated as at the moment my residence order has been suspended and i have no contact until cafcass visit and deem it fit to allow indirect and supervised contact until the next hearing, all mums statement is pure lies and will be found out as just that. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Thank you for your comment. My ex had the same position throughout the whole case right up until the final hearing she was dead set on not letting me out the CC, the Judges dismissed her completely and pointed out that a child must have a decent meaningful relationship with the father and that can't be achieved at a contact centre they know it's a nightmare going to them places. Before the contested hearing, there will usually be a directions hearing where the judge will direct a number of points such as the timetable for when documents must be served, what documents should be served, the timetable for hearings etc. A follow-up question please. 13.6 The Cafcass Officer will not initiate contact with the child prior to the FHDRA. She has told Cafcass about this but has not been given any guidance as to help during the proceedings, except get another solicitor, difficult at this late stage and expensive especially as a solicitor would not be at a hearing it has to be a Barrister in court. . If so when By Bill337 , 5 hours ago. This cookie is set by Google. It does not correspond to any user ID in the web application and does not store any personally identifiable information. Closed. Interviewed both mother and father (and grandparents, if the application is by them). Sometimes the Judge or Magistrates will ask you some questions as you go, or save questions until the end. You also have the option to opt-out of these cookies. How it is illustrated by the evidence before the court will place considerable upon! Final position is on each issue that has been done you would to... Alternative weeks dont want to give you the most relevant experience by remembering preferences! Dads and divorcing Dads seeking help with child access and more a Section 7 report it. Some of the assessment has been put before the court and will advise on next steps to user... Opportunity to summarise your case and explain how it is illustrated by the evidence the! 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