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first hearing next ...
 
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[Solved] first hearing next week.


Posts: 37
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(@ianandrew)
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Joined: 13 years ago

my legal aid has not come yet,and i have court soon.I did see my solicitor and he said to ask for a postponement because of this,what do you think?He ws empressed with the paper work i had got ready as i will have to represent myself.A thank you to all who have advised me so far.He also told me to list what tests and reports i would like the court to ask her for.Nanny Jane was right i can ask for a contact centre to be used.so that a relief,and that it would be very brief as they will have to get a report done first.Seems theres a lot going on in the courts at the moment and delays all the time!!(nanny lane)


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(@Nannyjane)
Joined: 14 years ago

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Posts: 5426

Well, you were half expecting that would happen! The Courts seem to be under pressure at the moment, its the same here as my son is still to receive documents from the Court that he should have received a couple of weeks ago. We all just have to go with the flow! 😉

As far as asking for a postponement is concerned, if your solicitor is advising it then I would tend to go with what he says...it gives you more time to prepare yourself and its a good stalling tactic! Your ex will be frustrated by the delay! 🙂

Have you been interviewed by CAFCASS, this should have done before the first hearing, especially as your ex submitted a C1a form. You could ask at court if your case has been referred to them, and if not why not, as there has been a C1a submitted. CACASS should be in court on Tuesday anyway so ask to see them when you get there.

I think if you postpone, it has to be in writing but time is very short so I dont know if they will allow it anyway. I would prepare yourself as if you were attendiing, as the hearing is on Tuesday and theres no way of contacting them before then. Take a letter asking for postponement with you, outlining that your solicitor only advised you to postpone on Thursday afternoon and it was too late to contact them because of the Easter break. its worth a try, but as I said be prepared to attend anyway.

You should ask for reports from Social Services, Police and CAFCASS if they arnt yet on board....and her medical record too. It might be advisable to ask for alcohol and drugs tests if you think this could be an issue.

Best of luck 🙂


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(@Nannyjane)
Joined: 14 years ago

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Posts: 5426

CAFCASS stands for Children And Family Court Advisory and Support Service and they are really court appointed Social Workers. The judge relies upon them to make a report for the court. They usually interview both parents before the first hearing and also have access to information about each parent from agencies such as the police, Social Services and any body that has had some kind of involvement. Based on their findings they can make recommendations to the court that the judge often follows. For instance they would recommend supervised contact at a Contact Centre if risks were highlighted from their investigations.... as I said before I'm surprised that IanAndrew hasn't heard from them as there have been allegations made on the C1a form, and this is usually enough for the court to get them involved straight away. as he hasn't had contact with them as yet I'm sure this will be addressed at the first hearing.

Its not up to you to get reports on yourself. Its usually the other side that would request police reports, just as IanAndrew will request a police report on his ex as this will show that they were involved because he was threatened by her. Legal Aid usually covers all reports or any tests.


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(@ianandrew)
Joined: 13 years ago

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Posts: 37

I havent had any calls,but i do have a meeting with them before the court hearing(cafcass),this was sent in the same letter as the court.Ihave written a list for blood test,doctors and hospital,reports,Am scared stiff,but as solicitor said its easy when your telling the truth,thank you.


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(@Babyreecesdaddy)
Joined: 13 years ago

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Posts: 127

I wouldn't worry about it, and I certainly wouldn't worry about 'continuing' the case.

You would be in court a matter of seconds to do this and the case would probably be 'continued' for around 4 weeks, meaning it is delayed for 4 weeks.

Don't go down the route of police checks and things like that for now.

Also, don't go barging in asking for a contact centre. You walk in that court with the ball in your hand, if the judge takes the ball and you can see your starting to loose, then pipe up and suggest a contact centre (Supported contact). If that STILL doesn't work, suggest supervised contact.

9/10 times you'll get supported contact (As I have) which is different to supervised.

Don't be worried about the reports. Kenny; CAFCASS is the English version of the BAR report that you'll have done. The first meeting I had with my reporter (Who is just a solicitor appointed by the court) was fairly scary because he was asking very deep personal questions but my life is an open book to the guy because I know I don't have anything to hide.

He will be coming to see buster and I in the contact centre soon and he also wishes to come see my house. Both of which I have absolutely no concerns about.

So don't worry!

If the case is to be postponed (Continued) then let it, it won't go against either of you and is something judges deal with 100 times a day.


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(@Nannyjane)
Joined: 14 years ago

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Posts: 5426

I'm sorry Babyreecesdaddy but I've got to disagree with you on two counts. I think he does need to ask for supervised not supported contact as the mother has been out of the childs life for quite a while, and from what Ianandrew says she has serious mental health problems as he was her main carer when they were together, and she was on the highest level of DLA because of self harm and suicide attempts. Interim contact will be decided at the first hearing so it has to be discussed and a decision reached. He doesnt need to barge in with his requests, I agree, but he is not being unreasonable by asking for his child to be protected whilst reports are being compiled.

Which brings me onto the second issue of asking for reports, as he has been threatened by the ex and her family on more than one occasion, with police involvement, I think its important to get the ball rolling on that from the off. His solicitor has advidsed that he asks for reports and I agree with that.

Ianandrew, your solicitor is spot on, you have the truth as your back up tomorrow... Just try and remain calm never say bad things about the mother, just give them the facts and let them draw their own conclusions. When asked to speak then do so from the perspective of what is best for your son, and all of your concerns must stem from that. If asked you could say that whilst you believe that its important that both parents be involved in a childs life, that has to go hand in hand with what is best for the child, and if there are risks then understanding and responding appropriately to those risks must be the priority. In the circumstances, with the mother not having been in the childs life, even indirectly for a long time, and because of the mothers serious mental health issues that you have had first hand experience of as her full time carer when you were together, then you feel that supervised contact at a contact centre would be the most appropriate action to take until such time that the mother can be assessed and all relevant reports have been submitted to court. You can write down things like that to help you remember what you want to say in court, a pad and pen is a good idea too so that you can write down anything you want to respond to.

Her solicitor will want to talk to you before you go into court and may try and intimidate you, but dont agree to anything that you are not happy with, dont sit and discuss the ins and outs of your case with them, keep your responses to a minimum and if you feel pressured you are within your rights to call the meeting to an end.

In court remember to refer to your son as "our son" not "my son" as that may be picked up on. If her solicitors make allegations about you dont react in any way....a poker face is best! Remember the judge and the officials will understand that you are feeling nervous and will make allowances for this.

Just one question, why are you asking for blood tests? You would ask for those if there was heavy drinking going on, for drugs it would be a hair follicle test. Speak to the CAFCASS officer about how you would go about requesting her medical reports from the GP and hospital, and also tell them about the threats that have been made to you and your family and the police involvement.

As she is accusing you of being a drug addict then its likely her side will ask for you to be tested, if you suspect she is taking drugs then you too can ask for this. If the request comes from her solicitor then the costs will be covered by her Legal Aid.


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(@Nannyjane)
Joined: 14 years ago

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Posts: 5426

...Will you be asking for a delay when you get there?


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(@Babyreecesdaddy)
Joined: 13 years ago

Estimable Member
Posts: 127

My bad, didn't read through properly.


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