[Solved] Hearing Tomorrow

If you are using a Barrister, raise that issue immediately.

Oh dear CAFCASS at it again! 😡

When you arrive at court request a meeting with the CAFCASS officer, or your Barrister will, if you have one...try and remain calm and reasoned with them but insist that they must have misinterpreted/misheard what you said....whether they will play ball is another matter though.

Best of luck with it Boycie 🙂

Thank you both,

emailed CAFCASS guy whom wrote report - asked him to recall his tapes and this is deeply concerning. I specifically said she alleges I pushed her, not that I actually did!

Looks like it could get messy. Fingers crossed.

x

Had the hearing today - its going to be long. I turned up to find not even the magistrate does the hearing, its is done by a legal clerk. So no interim contact order could be made for the first hearing.

In summary she denied there being no problems to seeing the kids. Handover will be through an expensive childminder but it is a start. Refused absolutely everything beyond 6 hours a week, so it means it is going to be drawn. Position of statement was made so she has to raise her allegations within two weeks and I counter them in a fortnight after this. CAFCASS will prepare something (section 7) based on assessing us by Mid Sept. I guess there is some direction. What does section 7 usually mean?

BW

Its a start Boycie at least, although I am sorry it has to be the expensive childminder.

A Section 7 report is a more in depth report than a Wishes and Feelings report. They will speak with the child and what the child says will be considered, questioned and placed in context within the case. So if a child wishes to not see one parent, rather than being simply stated as a fact as in the W&F report, the child will be asked to clarify their reasons and their response often opens up a lot more about what is really happening to them than may first appear. Section 7 reports carry little weight in the court if the children have not been seen with both parents individually, although sometimes there may be good reason for not doing so, such as a risk imposed to the child.

In her statement, she will put forward her objections/allegations and you will see that statement. If you have not received it within, say, 48 hours, of the statement being filed with the Court, ring the Court and chase it. You will need to see the statement before you can reply in yours.

You must bear the filing dates in mind, if for any reason she does not file hers in time, and say is very late, you will have to ask the court for more to file your report because of the ex' delay.

Was any more said about the CAFCASS report and the mis-statement?

Dear Enya,

I got acknowledgement from CAFCASS after a stroppy email to them last night. All amended by 10am 🙂 I am surprised (well I am not really) how someone really lacks any basic understanding of their job. He said he was sorry but I believe lacked any insight into the gravity of his documentation and the potential criminal consequences were that to stand.

CAFCASS did not have a copy of the updated report but she looked at my amended copy for 3.4 seconds. Judge (clerk) did not read it really. Said they acknowledge its been amended and will be reviewed next time.

I guess her statement is going to be flawed....any allegations of DV at this stage are pointless presumably (because no major incidents have occured, or as the court put it, only handbags) as she has said she has no problem with contact with the kids. The issue will be increasing the duration and frequency and I guess I just need to demonstrate how to work towards this.

Kids are 3 and 9 months. The old nuggets of breast feeding cropped up, that she cant take from a bottle despite the fact I have seen she can. Wife is due to work soon so hopefully this will not wash for too long.

I thought the document had to be served on me within 2 weeks? Ill bear that in mind.

What are the chances CAFCASS will ask for a fact finding thing? I gather this can drag things and the level of acceptance is lower, not beyond reasonable doubt.

He is a stupid a^se, its too serious to take lightly! Typical too of them not to file the updated copy either, but at least you had your copy...keep your copy safe, actually, I would be inclined to send a copy to the Court mark it as "AMENDED" for their file in case CAFCASS "forget" to file the amended copy!!

Well if the ex is starting work soon, the baby will have to be bottle fed when she is not around - as you said, even if it is breast milk! If she raises that objection, you must remember that. Speaking from a woman's point of view, if I was returning to work, I would be making sure baby was getting the bottle at least a month or two before starting work so that I knew, in my own mind, that the baby was settled taking the bottle.

As for her statement perhaps I didn't make myself clear...say the court said she has to file her statement by 30 June, make sure you have a copy of it within 48 hours of that date, i.e. 2 July (two working days).

The Court wont organise a Fact Finding Hearing unless they have the need to do so, and that will depend on the allegations raised, but during the proceedings, once you get contact off the ground again, on her terms, I would try again putting other people forward.

...I think the children are too young to be spoken to by the case worker, but they will want to see how the children interact with both of you.

I know how frustrating the whole process is, we often come out of the first hearing feeling deflated and its an emotionally draining experience. 🙁