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Hi (I hope I am in the right section)
I am new to the forum and I was hoping to get some advice - I am totally confused at what is gong on at court.
Heres the time line
October 2018 submitted C100 application
January 2019 Directions hearing partner never attended.
March 2019 FHDRA partner never attended adjourned.
April 2019 FHDRA both parties attended but translator never turned up. FHDRA adjourned till May 2019.
There is no child protection orders in place, The council have initiated a child in need plan which specifies contact only through court.
I have met a barrister and a mediator who has stated that we can come to a agreement between ourselves.
My partner has claimed domestic abuse (But there is no evidence, the police found no evidence and cctv footage confirmed my actions i.e no violence).
But she has agreed to let me see the children and we have drawn a parental agreement hoping that the court would on the April FHDRA rubber stamp it.
The two children have repeatedly requested contacted.
Cafcass states that the barrister and mediator have incorrectly advised myself.
I am representing myself. I asked for a fact finding hearing in January 2019 all the court did was acknowledge it. We have come to agreement between ourselves,
Can anyone kindly advise what is incorrect and what I should be expecting?
Thanks in advance
Hi there
You may find this helpful
https://helpwithchildarrangements.service.justice.gov.uk/going-to-court
As the child in need plan specifies that contact can only progress through the court, this is probably what CAFCASS mean. However, an order could be made by consent, which means that if you and the mother have agreed a schedule of contact, the court can then make that into an order.
It might be a good idea to prepare a brief 2 page position statement to take with you to court, to explain the latest developments and what you have agreed with your ex.
Best of luck
Thank you for the response.
be careful about representing yourself, as higher chance you can end up with a rubbish deal.
i thought that if one party does not attend FHDRA/DRA, then the proceedings still continue without other person and generally goes against the absent person?
The court would usually adjourn, but if a party’s absence continues the court can continue without them. If that were to happen, the only evidence they would have would be from the attending party, so it would follow that the case would be favourable towards them.
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