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TOPIC: Appeal of CAO Hearing- What can I expect?

Appeal of CAO Hearing- What can I expect? 2 months 4 days ago #99970

My ex is appealing a CAO that was pretty favourable to me tomorrow. What is likely to happen? How can I find out? I have written two Skeleton Arguments in response to her Skelly for the Appeal and a C" requesting review of the order. Will I take the stand? Will I be able to question her?

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Last Edit: by Mojo.

Appeal of CAO Hearing- What can I expect? 2 months 4 days ago #99971

hi,

found this old thread, all about CAO appeals:

www.dad.info/forum/legal-eagle/49950-app...ld-arrangement-order

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Appeal of CAO Hearing- What can I expect? 2 months 4 days ago #99978

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I take it that it was a magistrates order and you're going in front of a judge? Or is is district judge up to circuit judge?

You can only appeal on a point of law, not because she doesn't like a decision.

What happens in the hearing will depend on the judge's views and what points they are hearing the appeal on.

I would edit your post to take out the court venue as it could identify you.

It's impossible to make suggestions about individual cases with so little information as each one varies.

Best of luck

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Appeal of CAO Hearing- What can I expect? 2 months 4 days ago #99983

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I’ve edited out the location of the court.

I don’t know too much about the appeals process, but you should be given the opportunity to put your case forward at the hearing... cross examination usually happens at the final hearing.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Appeal of CAO Hearing- What can I expect? 1 month 6 days ago #100549

Many thanks. It was postponed and now relisted for October 10th.

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Appeal of CAO Hearing- What can I expect? 1 month 6 days ago #100550

Many thanks. It is a magistrates order from a Final Hearing. It was postponed to October 10th. It will be in front of a district judge.
She is arguing non compliance with PD12J but she's also lodging a C2 form to vary the order making further allegations of neglect and emotional abuse of the child.

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Appeal of CAO Hearing- What can I expect? 1 month 6 days ago #100551

Many thanks. Interesting.

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Appeal of CAO Hearing- What can I expect? 1 month 6 days ago #100554

Hi Bill337, The appeal is by my ex against the CAO that I got in my favour from the final hearing rather than me appealing but interesting nonetheless. Cheers,

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Appeal of CAO Hearing- What can I expect? 1 month 4 days ago #100587

hi, i wish you all the best. please keep us updated and try not to worry too much about it. the way some of these ex's are, they will take you back to court if your child wets themselves while in your care.

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Last Edit: by Bill337.

Appeal of CAO Hearing- What can I expect? 1 month 3 days ago #100592

Many thanks Bill337. Yes I'm beginning to learn that they get at you for anything! I'm also beginning to realise that because of that it's not worth responding to allegations. It is a Sysiphian task- never ending and impossible to achieve. Better to concentrate on benefits for my son of seeing me more frequently and disbenefits to him of seeing me less.

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Appeal of CAO Hearing- What can I expect? 1 month 3 days ago #100594

mountainbiker1 wrote: ... it's not worth responding to allegations ...


You need to be careful with that, if you don't dispute something, the other side can point out you didn't dispute it and therefore the court should proceed on the assumption it is true. Like you say, they can get you for anything!

You can however point out that all you have done for the last X years is respond to a never ending stream of allegations (have a factual list ready in case you are challenged on this), and submit that perhaps these allegations are being made without consideration for the involved child/children best interests.

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