So in December I have my contested hearing for my 18month old son.
I was having contact every week 1 night, and a full day every weekend. 1st hearing and cafcass said no reason contact shouldn't be increased. During interim contact I got 2 night midweek every week and Saturday & subday for full days every other week. Dispute resolution hearing has just been where everything has gone fine for interim, the ex though this time said I was causing arguments at the door, my son doesn't like going with me, and that she now wants no more mid week contact. The court decided it should go to a contested hearing and the same contact remain from the interim. What are everyone's thoughts on what will the outcome be at the contested now she is making these false allegations, I can't understand why she would do this other than bitterness from ending of relationship.
Hi
I'm afraid nobody would be able to predict what an individual court would decide and especially without knowing all the details of your case.
If the CAFCASS recommendations were made at the start of proceedings in the safeguarding letter to court, has a further report been ordered (Section 7)?
Courts generally go with CAFCASS recommendations made in a Section 7 report unless either party can successfully challenge it.
At a contested hearing, both sides will give verbal evidence and also the author of the Section 7 if one was carried out. You and your ex will be given an opportunity to cross examine each other based on any evidence that has been submitted to court. After that, the court will make their decision.
Hi thanks for reply Yoda , no section 7 report has been ordered , it's just gone to a contested hearing due to her going back on what we agreed for interim contact. She tried to say that things were not working out, he didn't want to come with me etc etc, the magistrate continued with the same contact though until the next hearing even though these claims were made, all which are petty and non credible. So now it's statements and then the hearing. I just thought usually when things are said they would drop my contact until they here statements but they didn't , I'm hoping they saw through the lies and crocodile tears.