TOPIC: Covid 19 Proceedings

Covid 19 Proceedings 1 month 1 week ago #105712

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Hi all,

New here! Hi!

I'm in the middle of going back to court for the second time in 4 years.

I submitted my C100 last week and am now awaiting a court date.

Has anyone had a first hearing since the Covid 19 restrictions have been in place? I was unsure how Cafcass will try to get us to reach an agreement if we're not physically in court. I understand the actually hearing will be via phone this time.

I last went to court in 2016 before she stopped me seeing my son again late 2017. After years of fighting and trying to get her to talk things through. I've attempted mediation which she didn't turn up for and applied to go back to court. Does anyone have any experience in similar situations?

Happy to answer any questions if the above isn't clear!

Ant

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Covid 19 Proceedings 1 month 1 week ago #105714

hi,

yes i had a hearing yesterday. telephone only. was well organised. just make sure whichever court is dealing with your case, email your contact number to them in advance. they will ring you. some courts still operate as usual, so you should check whats going on with your one.

i find its better than being in person and less pressure, as i didn't have to see ex's annoying barrister, keep on making false statements and being a nuisance.

are you seeing your child at all?
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Covid 19 Proceedings 1 month 1 week ago #105715

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I haven't seen him in almost 3 years. Its been an ongoing battle for so long and she's proven that we have no choice but to go back to court. She's made out to people he has autism and uses this as an excuse. School have advised me that this isn't true and they're yet to receive a letter from GP or hospital. I've saved up a decent amount of cash for a solicitor too.

Did Cafcass speak to you on the phone prior to try and see if you could come to an agreement?

I'm fully expecting her to make up some rubbish but unsure how this plays into court as last time it was dealt with on first hearing.

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Covid 19 Proceedings 1 month 1 week ago #105716

hi,

my first hearing was end of jan, when everything was normal. had a stage 1 call with cafcass, before court hearing. i am known to them as i first went to court in start of 2019. im still seeing kids, but ex just messing around with contact. i was just asking for more days/time to spend with kids and they had no issue recommending more.

usually at your first hearing, a cafcass person will be speaking to you and your ex, hoping both of you can come to agreement. as you haven't seen your child in few years, then I don't think court will order your ex to let you see your child straight away. they will do their investigations. likely get cafcass to do a section 7 report. they will most likely get you to slowly re-build your relationship with your child. could start out with 1-2 hour periods, and increase over time. they made both of us take a parenting course.

if i were you i would not use a solicitor. going to cost a fortune. instead hire a barrister for each hearing, from the direct access portal www.directaccessportal.co.uk/
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Covid 19 Proceedings 1 month 1 week ago #105718

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I understand that they're likely to start with small contact and work up from that. Will they write into a new court order for example start with 2 hours for 2 months before whole day for 2 months before back to overnight etc. You think it'll be possible for interim contact or they'll say to wait till after section 7?

What's the difference between a barrister and solicitor?

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Covid 19 Proceedings 1 month 1 week ago #105720

hi,

a lot depends on your ex. if she say's she won't allow you to see the child, then its possible you won't get contact in interim. she may make false allegations to stall the process even more. how old is your child? if they ask for section 7, then that will take 8-10 weeks to complete. then you go back for another hearing.

solicitors are mainly office based. will charge you £50 to write a letter to your ex or £200 for a phone call! barristers are cheaper and usually do all the running around, attending court hearings, negotiating for you. drafting documents for your hearings.
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Covid 19 Proceedings 1 month 1 week ago #105722

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I don't think she'll play ball because that's why I'm here! :(

He's 6 currently, 7 in June.

How many hearings does the average case take?

I was reading up about a final hearing and the statements you have to make. Think my solicitor said that's going to cost around £1500 for that hearing if it goes that far. He's hoping the section 7 will be good enough and have a good outcome. I know what contact I want long term it's just getting to that point.

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Covid 19 Proceedings 1 month 1 week ago #105726

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Also can anyone advise the finer details of a section 7? I have no criminal record and have never had any issues with social services with any of my children. I'm unsure if she has over recent years and most of her family have criminal records for drugs, assault and theft.

I'm unsure what to expect as you ready so many different things.

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Covid 19 Proceedings 1 month 1 week ago #105729

ant_cro wrote: I don't think she'll play ball because that's why I'm here! :(

He's 6 currently, 7 in June.

How many hearings does the average case take?

I was reading up about a final hearing and the statements you have to make. Think my solicitor said that's going to cost around £1500 for that hearing if it goes that far. He's hoping the section 7 will be good enough and have a good outcome. I know what contact I want long term it's just getting to that point.


hi, it all depends. some simple cases can be sorted at first hearing. buf often goes to 2-3 hearings. your solicitor charging too much. you can do the statements yourself and we can help you. use a barrister for each hearing.
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Covid 19 Proceedings 1 month 1 week ago #105730

ant_cro wrote: Also can anyone advise the finer details of a section 7? I have no criminal record and have never had any issues with social services with any of my children. I'm unsure if she has over recent years and most of her family have criminal records for drugs, assault and theft.

I'm unsure what to expect as you ready so many different things.



hi as part of section 7, you will have phone interview with cafcass officer. will ask you what the issues are. and may ask you to answer to your ex allegations. most important part is what you will ask for in terms of child contact. ask for as much as possible. child to stay with you on weekends every 2 weeks. mid week visit. phone contact. sharing all school holidays. holidays abroad. cover as much as possible. you have to be child focused, and not bad-mouth the ex.

then they will write their report. main thing to look out for in the report is the recommendations. this is what courts will go with and decide what kind of contact you will have with your child.
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Covid 19 Proceedings 1 month 1 week ago #105745

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Bill337 wrote:

ant_cro wrote: I don't think she'll play ball because that's why I'm here! :(

He's 6 currently, 7 in June.

How many hearings does the average case take?

I was reading up about a final hearing and the statements you have to make. Think my solicitor said that's going to cost around £1500 for that hearing if it goes that far. He's hoping the section 7 will be good enough and have a good outcome. I know what contact I want long term it's just getting to that point.


hi, it all depends. some simple cases can be sorted at first hearing. buf often goes to 2-3 hearings. your solicitor charging too much. you can do the statements yourself and we can help you. use a barrister for each hearing.


He was cheaper than the original one that I instructed so assumed I was getting a good deal! £400 for first hearing is what he advised but wasn't sure how this would work with it being over the phone!

Can't thank you enough for all your help, wish I had joined this forum when all this started!

What does the statement have to include etc? What do I need to write about? I like to be well prepared so this is something I could look into and start drafting in advance whilst being furloughed!

I've also left a message for Barrister on that website that you linked above, I'll let you know how I get on!

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Covid 19 Proceedings 1 month 1 week ago #105746

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Bill337 wrote:

ant_cro wrote: Also can anyone advise the finer details of a section 7? I have no criminal record and have never had any issues with social services with any of my children. I'm unsure if she has over recent years and most of her family have criminal records for drugs, assault and theft.

I'm unsure what to expect as you ready so many different things.



hi as part of section 7, you will have phone interview with cafcass officer. will ask you what the issues are. and may ask you to answer to your ex allegations. most important part is what you will ask for in terms of child contact. ask for as much as possible. child to stay with you on weekends every 2 weeks. mid week visit. phone contact. sharing all school holidays. holidays abroad. cover as much as possible. you have to be child focused, and not bad-mouth the ex.

then they will write their report. main thing to look out for in the report is the recommendations. this is what courts will go with and decide what kind of contact you will have with your child.


That is pretty much the contact that I want long term including Boxing Day etc, I'm going to propose weekly contact for a couple of months and build it up over a few months to the end result.

I'm assuming that if she can't prove any false allegations then the courts will overlook it? Will the report recommend the contact I request? I have no criminal record or issues with social services etc. I also have 3 other children with my wife who are well looked after.

I'm very concerned as to what the reasons are that he thinks I am no longer around and what she has drummed into his head. Are Cafcass likely to talk to him at his age and if they do is this likely to be something they look into?

I'm hoping to get some sort of interim contact if this report goes ahead, even if its in a contact centre. The sooner I can start rebuilding a relationship with him the better.

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