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TOPIC: Final Hearing - Cafcass to attend

Final Hearing - Cafcass to attend 2 months 1 week ago #97825

  • Ldad
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Hey All,

My partners final hearing is approaching and i was wondering if anyone has been in the same situation?

He has a pre final hearing to last 30 minutes? Any ideas what will be done in this hearing?

He then has his final hearing a month later. The last hearing was pushed back as the judge wanted the cafcass officer, whom carried out the s7 report to be present, but it seems they no longer work for cafcass. Will they have a replacement? And could this cafcass officer have different views to those recommended in the S7 report or will they follow what the original cafcass officer recommended?

The case also moved courts, and in the letter it said that it may be seen by lay - is this magistrates? My partner put in specific issue to take his child abroad, but i'm pretty sure magistrates can't grant this? Should this be raised in the pre-final hearing?

Any suggestions for the above?

Thanks in advance.

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Final Hearing - Cafcass to attend 2 months 1 week ago #97839

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Hi there

It’s like a review, a short hearing to make sure everything is ready for the final hearing to go ahead.

Sometimes a final hearing doesn’t end up being a final hearing, how long ago was the S7 prepared? The magistrates might want an addendum to the report if they feel too much time has elapsed.

Bit strange to move the case down to magistrates, but I guess if the case is to address a specific issue then it’s within their remit and can be granted by magistrates.

If you have any queries, it would be as well to raise them at the pre hearing.

Best of luck

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I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

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Final Hearing - Cafcass to attend 2 months 1 week ago #97846

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Thanks Mojo (as always)

The S7 report was done in July 2018. Unforunately Cafcass did not submit the report in time for their hearing in July so it was pushed back to October.

In October, we thought that would be the final hearing but as the parents could not come to a mutual agreement, the judge pushed it back stating they wanted the cafcass officer to attend.

My partner recently contacted the cafcass officer but their email and number is no longer in use. 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.

It is not definitely being moved to magistrates but the letter did say there was a possibility of that happening.

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Final Hearing - Cafcass to attend 2 months 1 week ago #97856

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You should be able to contact the cafcass office, it might be worth calling and asking if there will be an officer in attendance... Explain that the judge pushed the hearing back, as he wanted the reporting officer to attend court, which won’t now be possible.

As said, mention any concerns at the pre hearing.

All the best

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Final Hearing - Cafcass to attend 1 month 5 hours ago #98463

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Hi All,

I just wanted to give an update on my partners experience...

He had his final hearing that was meant to last a day and was probably the shortest hearing of them all! Prior to this we had been in and out of court for 3-4 years (in order) injunction against my partner (3 years ago) , child arrangement (3 years ago), injuntion against my partner (2 years ago), enforcement (2 years ago), variance to child arrangement order (1 year ago) and finally the variance to the current child arrangement has been finalised! (BTW injuctions were ruled out) - The final application included a S7 report and dragged on for a year from the date of application but my partner wanted:

Friday - sunday alternate weekends
Share travel arrangements
Indirect contact midweek (due to distance - if we lived closer he would have asked for direct contact)
Half of all school holidays
Alternate christmas
Alternate childs birthday
Mothers/Fathers day respectively and parents birthday regardless who child is scheduled to be with
Take child abroad

His final hearing as mentioned followed S7 report that was in his favour for all the points above (except childs birthday there was no comment in the report)
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.
There was nothing in the order about indirect contact once a week (but this has been ongoing for about 6 months)
Half of school holidays Easter, Summer and Christmas (no mention of half terms) - Summer is to have a 1 week block and a 2 week block
Mothers/Fathers day to be spent with the relevant parent
(no mention of childs birthday - even though both parents agreed this should be alternate so hopefully mother will stick to this)
(no mention of parents birthday - again both parents agreed child should spend it with relevant parent - hopefully mother will stick to this)
My partner is able to take his child abroad with immediate effect
Lastly as his ex is expecting he offered half of christmas day so his child can spend it with their new sibling and this was agreed in court that both parents would half christmas days if a new sibling is born that year. However it was only reflected in the order that he must give up half his christmas this year and nothing about future of our kids.

All in all as of september he has got a lot of what he wanted and i thought it was important to share the good endings especially on this site that has helped us through! And if im honest 3 years ago when he was granted the bare minimum ( 4 hours here and there increasing to 6 hours then a day etc) and the mother refusing to follow the order I never thought we would be where we are with an order of what he wanted - but in our case the childs age made a big difference especially with the amount of allegations put against my partner.

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

I hope other dads fighting - especially those where we were 3 years ago will see that there can be good endings and even though its tough its possible even though you feel its not!

hopefully our experience can help others - I'm here for those that have any q's

Thanks again to this site

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Final Hearing - Cafcass to attend 4 weeks 1 day ago #98466

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You’re very welcome Ldad... I have to say though that you’ve done all of the hard work, but it’s pretty amazing what can be achieved!

Most of us have arrived at this forum, sometimes desperate, often with little hope and at a low point. None of us are legally trained, but we embark on a huge learning curve and with great purpose we do what we have to on our journey back to our kids.

A massive well done! I’m so happy for you all, but please don’t be a stranger, your knowledge and experience are invaluable, not to say the encouragement your success gives us all!

All the best

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Final Hearing - Cafcass to attend 4 weeks 1 day ago #98486

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Could agree with mojo more - well done indeed and thank you for keeping us informed.

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