TOPIC: First Phone Hearing

First Phone Hearing 6 months 1 week ago #108072

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Hi Bill,

Emailed twice, tried her office and her line and no reply back.

Unsure what to do.

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First Phone Hearing 6 months 1 week ago #108074

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She's just emailed saying:

She's still drafting the order and currently liaising with her client on how indirect contact shall proceed and she will get back to me with proposals as soon as she can.

She also said as you are aware, the judge recommend a schedule for contact and I'm in the process of discussing the same. What does this mean?

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First Phone Hearing 6 months 1 week ago #108083

maybe shes referring to normal contact once interim contact ends. e.g. see kids every other weekend etc. better to wait for them to get back to you with proposals.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

First Phone Hearing 6 months 1 week ago #108086

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She said it's regarding interim contact as she doesn't know how to get it started and she feels as if she should consult cafcass

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First Phone Hearing 6 months 1 week ago #108088

didn't the judge mention video calls? you could propose 3 calls a week. mon, wed and fri. 1 hour or 45 min call.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

First Phone Hearing 6 months 1 week ago #108089

ex solicitor just mucking you around as your ex partner dont want you to have any contact and making up any old excuse. It isnt very difficult to arrange contact and you dont need a cafcass officer to do everything for them. i feel sorry for you that you have to deal with a solicitor that isnt one bit child focused at all

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First Phone Hearing 6 months 1 week ago #108091

Sounds like a delaying tactic to me.

Thank the solicitor for their response, ask when can you expect a further response with a contact schedule and add a potential schedule of your own as Bill says for both indirect contact and direct contact (if that's allowed). Ask for a little bit more than you want knowing that they will work you down. Ask for 3 calls per week and accept it may be 2. Suggest 1.5 hours and they may want to work it down to 45 mins to 1 hour. Make sure you suggest using an application where the calls can be recorded so that there can be no accusations as a basis to stop video contact.

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First Phone Hearing 6 months 1 week ago #108097

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I'd imagine my ex is refusing and solicitor is just dragging like you've all said.

Ridiculous, feel like I'm finally getting somewhere to feel like I'm need dragged back again.

Surely Cafcass won't advise when they're not involved currently with the case?

My solicitor advised me to send an email Monday morning requested the draft order and if nothing by 4pm give her a further 24 hours before contacting the courts to make them aware of the delay.

I'm assuming she does the documents for the undertakings as well?

Judge suggested using Zoom until contact centres are open. She said she's going to add a recital mentioned that I'm to enquire about a contact centre when they're open. Surely the order should state that video calls at x,y and z until contact centre open etc?

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First Phone Hearing 6 months 1 week ago #108098

this is when self-representing gets annoying. my ex barrister also dragged heels and delayed drafting the order. i waited nearly 7 weeks for it to arrive in the post. emailed the clown but never got response. so i just kept emailing court and asking when do i get the order.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

First Phone Hearing 6 months 1 week ago #108099

I can't answer re your other points but I would suggest Skype as the calls can be recorded (you can on zoom but need a paid account) and automatically downloaded within 30 days. You potentially could say you are happy to use Zoom but that your preference is Skype as the calls can be recorded to provide reassurance to your ex. (in reality if video calls are your only access then it is to protect you too as what would stop her saying she is not happy with how the conversations are going, that they are upsetting child and is going to stop them, only a recording can disprove this).. If your ex insists on using zoom and then raises allegations you can dispute saying no evidence and say that she should have agreed to Skype as per your suggestion.

Recording calls also means that you have to focus on your call with the child and prevents you from probing about things you don't need to. (not saying you would but it is easily done when emotions are running high).

Not sure what others recommend but this is based on my own experience.
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First Phone Hearing 6 months 1 week ago #108100

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The problem with delayed drafting the order is that, not only does it delay video contact, it delays getting the section 7 rolling which is already a 12 week process.

Didn't know you could record with Skype, I'll have to look into that. I definitely want the video calls recorded for my own safety in court!

The last email from her solicitor said
"I will call you when I have instruction. Please note that this can not happen instantly". What the hell does that mean?! Just said she would be in contact when she has a draft order for my agreement after that.

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First Phone Hearing 6 months 1 week ago #108101

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Also can anyone advise on a section 7? I can almost guarantee that whatever the recommendations they won't be good enough for my ex. If she disagrees what happens? Does it then go to a final hearing?

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