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Hi all
My final hearing is approaching for sorting out a child arrangement order for my kids. My ex and I do not agree on anything, so I imagine it will be pretty heated.
Can someone who has been through this let me know what actually happens? Are the barristers cut throat? What is it like being questioned etc?
Cheers!
hi,
did cafcass do a report like a section 7? if so, have they made any recommendations for arrangements?
@bill337 Hi there
yes a S7 report was completed and cafcass made recommendations - but it was completely bias to my ex and cafcass made lots of accuracy errors.
I do not agree with cafcass recommendations as they have recommended LESS time than what I currently have! Again, I just think the cafcass officer has no idea what’s actually going on.
Thanks
@dadseekinghelp44 yes if you disagree with the report, you should be given the chance to dispute it and state your reasons. have court asked you to write a response to the S7 report? I had similar, mother told cafcass she can not bear to be away from kids for more than 3 nights. cafcass told me they think it will need to go to final hearing. they recommended I have kids for 3 nights maximum at any point during the year. I disagreed.
the magistrates judges were helpful. I put in my position statement requests like; father seeks to spend 7 consecutive nights with kids in xmas, easter and summer holidays. they saw no issue with that and gave it. they also decided that there's no point taking this to a 3rd and final hearing. the 2nd hearing got converted into final hearing.
@bill337 Thanks for this!
I’ve just been asked to write my position statement, which included my disappointment in the cafcass report. My barrister and solicitor say they can dispute the report and question the officer on the day.
we already split all the school holidays, so I have my kids for 3 weeks over summer and a week during Easter. That’s all agreed because it suits my ex with work!! She just doesn’t want my kids spending any more time with me during term time whereas I would like 50/50! It’s so frustrating.
Were you questioned by your ex’s barrister? Or did you manage to resolve things before that?
when I ask my ex for more time with the kids she keeps saying “we will let the courts decide”.
@dadseekinghelp44 at the last hearing, court asked both sides to have a discussion, to try agree on issues, before going back to them. Was a remote hearing. Had a brief call with her barrister. I wasn't happy with any of the proposals, which were about reducing my time with kids, so I wasn't interested. so in the end of the judges made all the decisions about any outstanding disagreements we had. my ex is also like that, will not allow kids to spend more time with me, unless I go back to court and ask them. not looking to do that any time soon. overall I was happy with what court ordered, and there was no cross-examination & cafcass report writer was not present at final hearing.
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