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[Solved] Dispute resolution help

 
(@DadInPanic)
New Member Registered

After applying for shared care, I have a dispute resolution hearing in a couple of weeks.

Cafcass have recommended following a section 7 report that my son (under 1) should spend a full day (at least 7 hours) with me at the weekend, moving to alternate weekends with an overnight stay post 6 months with indirect contact in the week where I don’t have him overnight, and post 9 months maintaining the alternate weekends with two consecutive overnight stays.

They have also recommended changing his birth certificate to reflect a double barrel surname. My ex is opposed to all of this and says she will contest the report.

My question is, could the judge order the cafcass recommendations are put in to a court order on the day despite her threat of contest, and if not what form of interim contact might be proposed until a final hearing?

I’ve been seeing him for 2 hours a week since the first hearing and this has gradually been building up to 2 hours of unsupervised contact, which is the maximum amount of time agreed as interim contact.

Cafcass have no concerns with me as a parent, and their report was quite fair in my opinion. I was quite worried having read some stories from dads on forums.

I’m hoping the court may reduce the length of time I have to wait for overnight contact and dismiss my ex’s contest totally, but not knowing what even might happen is worrying me.

Has anyone had any similar experience, and if so what happened? My solicitor doesn’t seem to want to give me a direct answer as to what even could happen. I suppose it’s because he doesn’t want to be accountable if what he says might happen, doesn’t.

Thanks in advance!

Quote
Topic starter Posted : 27/11/2020 11:02 pm
(@Leader1978)
Trusted Member Registered

A Directions Hearing is for the judge to determine what the position is of both parties in response to the S7 recommendations; he is not able to make an order in line with these recommendations and must follow the procedure which would be to allow either party to submit evidence and challenge the recommendations at a final hearing.

I do not believe any overnight stays will be ordered at the DRA hearing unless your ex was in agreement with them; if I was in your position then I would try to secure as much direct contact that you can between now and the final hearing. Especially with Xmas approaching, you could ask for time additional time outside what is already in place - I would explain to the judge that it is important during these special occasions that children spend time with both of their parents. A position statement prepared for the DRA hearing may work to your benefit by including a short summary specifying the exact times and dates you are looking to spend time with your son - it'll make it easier for the judge.

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Posted : 28/11/2020 2:12 am
(@bill337)
Illustrious Member

hi,

cafcass gave you good recommendations. I have to wait till my child is 2 and a half before overnights can begin. yes it is possible that it could go to a 3rd and final hearing if your ex contests all the recommendations. can also depend on the kind of judge you get on the day. if they don't want to waste time they could decide to make the DRA a final hearing, as had happened with me earlier this year. court will pretty much follow the cafcass recomendations, so it should go well for you.

at your next hearing, incase it goes to a 3rd hearing, ask for interim contact again, but this time ask for more time to spend with your child.

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Posted : 28/11/2020 2:53 am
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