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Section 7/Second Hearing (Report wrong).

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justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

Whilst the report is okay in the fact it is recommended regular contact with my child, the dates and timeline of events are completely wrong in the entire report and therefore make the lies of my ex look far more true than they are, also the recommendations are one-sided recommending, I speak to ex everyday child comes, etc which I don't think is fair when I and my ex don't communicate well (she doesn't respond and communicate she just says no, keeps me uninformed, etc) and when they call it actually causes child upset.

Can I submit my discrepancies to the court? Court is next week and I want to do the best I can to be prepared for the second hearing and to address these but not sure how to go about it.

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Topic starter Posted : 02/05/2021 6:51 am
warwickshire1
(@warwickshire1)
Honorable Member Registered

I wouldnt worry about the report or contest it at this very early stage. Its common for them to word things wrong or you feel they make you look bad.  The bit you want to concentrate on is where it quotes " recommended regular contact ". 

So second hearing you should be focusing on if no contact has been taken place , is to get an interim contact order for some form of contact until next hearing or even  what contact you are hoping to materialise incase your ex comes to an agreement without a need for a final hearing

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Posted : 02/05/2021 7:45 am
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

Overnight contact has started again luckily since my application so the first hearing let that continue, my problem is with the recommendations as well, I am already doing 80% of the journey (due to my mental health I don't want to go to the other 20%, my ex agreed to this in mediation) since her calling them again just before the report was sent they have recommended I do 100% of the journey and she does none and I have to speak to my ex every day my child is here, which I don't feel is fair or agree with, if they are safe with me why do I have to speak to my ex every day when we do not get on and why can she do none of the travel? the situation is complicated but it's best I travel to where I have been, she does some travel and we don't speak every day my child comes. Thoughts?

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Topic starter Posted : 03/05/2021 8:54 am
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

It was more so the timeline of dates is wrong and when I have to go back I will need those to stand correct to support my ongoing issues.

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Topic starter Posted : 03/05/2021 9:04 am
warwickshire1
(@warwickshire1)
Honorable Member Registered

Unfortunately you will have to do all the travel and this is something in most cases dads have to do to ensure they see children.  Also cafcass recommending you do so makes it more likely this is what will be ordered. I wouldnt mention mental health in family court as ex could use this against you in proceedings .

I wouldnt agree to having your child speaking to her mum every single day , however if its included in an interim order until final hearing i would to ensure contact goes ahead.  At a final hearing you ideally dont want any contact with childs mum unless you have your child say for a whole week where you could offer 1 videocall/phonecall midweek during stay.

What contact are you hoping to get at end , age of child could make a difference what is ordered as well. ideally you want them to be at school/nursery

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Posted : 03/05/2021 9:05 am
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

How do I know if this will be the last hearing or if there will be one followed? It has already been discussed in court regarding mental health and agreed and sorted there is no issue on that front, I can't go to my ex's house for other reasons as well as this so it's not possible to go 100% of the way. 

I have tried calls or videos if they are here longer than my usual weekend and they cause upset to the child. They are 4 and at nursery.

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Topic starter Posted : 03/05/2021 1:21 pm
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

Do I submit evidence or statements for the second?

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Topic starter Posted : 03/05/2021 4:37 pm
Yoda
 Yoda
(@yoda)
Famed Member

Hiya. Is the upcoming hearing a DRA (Dispute Resolution Appointment) to discuss everyone's positions on the Section 7? If so, it's just a case of telling the court briefly why you disagree with some of the recommendations and the content of the report. 

If you can't all agree on a final order at the DRA, the court will list a final hearing where you will have the chance to challenge the recommendations and question the Cafcass officer and your ex on all the matters arising. 

Travel is always a grey area and the court will decide on this aspect in the best interests of the child. How far apart do you live? Do you both drive? 

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Posted : 04/05/2021 9:51 am
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

I do not drive as it stands so I am using public transport, other parent does drive but is not willing and wants to move the current arrangement from 80% me traveling to 100% which as already discussed and agreed in mediation for many reasons it's not possible. If I disagree with the majority of the recommendations on the hearing, will it definitely go to another hearing? Where can I get evidence into the court? My child's started turning against me in the last week as well, so I am very concerned. About 80miles?

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Topic starter Posted : 04/05/2021 10:22 pm
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

The second hearing discussing the section 7, yes!

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Topic starter Posted : 04/05/2021 10:24 pm
justlookingforjustice
(@justlookingforjustice)
Eminent Member Registered

Ex is also saying now that because on the drop-off day back to her every time that the transport works take place, he just won't come. Which leaves longer between visits and easier for the alienation to continue.

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Topic starter Posted : 04/05/2021 10:30 pm
Daddyup
(@Daddyup)
Honorable Member Registered

Is it possible for you to move closer?

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Posted : 04/05/2021 11:55 pm
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