[Solved] One week to go before 1st Directions Appointment

1. Hopefully you should receive the report (schedule 2) before the directions appointment next week. However, it has been known to be presented on arrival at court on the day! Give them a call and ask them if you will be receiving it before going into court.

2. It's usual to arrive earlier than the start time to try and discuss a way forward. The meeting would involve sitting down with the mother and CAFCASS and discussing possible solutions. You don't have to agree to anything you're not happy with. So you would have to discuss the issues and why contact is being denied.
Her solicitor will want to meet with you prior to going in to court, they can try and intimidate and try and tell you what's what, don't give too much away, remember they are her counsel and won't want to do you any favours!.... it's just tactics but if at any time you feel uncomfortable or intimidated just politely call the meeting to a close. It will be just you and her solicitor, you can take someone with you for support, I sat in on this meeting with my son when he was at court self repping.
If you do agree a way forward and there are no issues raised by CAFCASS, then this can be presented to the court and written into an order.

3. If you cannot reach any agreement then you will go into court before the judge, sometimes this can also be a court advisor. The judge will ask you some questions, CAFCASS may be asked to comment. The judge may order you both to mediation, he may put some interim contact in place, or he may ask you both to write a statement of what you want and why for the next hearing. If one party makes allegations the judge may order further reports which are more detailed, such as a section 7 and this can be done by CAFCASS or the local authority social services department. Have you watched the YouTube videos, you'll find them in the stickys at the top of this section, it hey may be helpful to you.

...it's a good idea to wear a suit and tie, first impressions and all that!

Jarv,

I'm in the same boat as you my friend. My initial directions hearing for contact is next Tuesday. And like yourself it's the first time I have been in this position.

I spoke with Cafcass this Monday and they told me they would ring back if they needed to clarify any further points. But as of yet, have not had a call back, so if that's good or bad, I don't know. I was told that they would send a copy of the report to me before the hearing, so fingers crossed. Would be nice to know what my ex is officially willing to say about me, as so far it's just been by text and facebook.

I'm going suited and booted. As Nanny says, first impressions do count. Going to make my final preparations over the weekend, and then I'm ready to go.

All the best fella.

Guys, thanks for the replies and best of luck to you also Simon. I will update on here if/when I do recieve a letter just for reference to others.

With regard to meeting her solicitor I am just wondering what to expect in this? As I feel I am in "the right" (I am sure we all do) I have no problem with nerves or rebuffing etc. but I just want to understand the point of this part of the meeting. Is it a case of them saying "we intend to say this so perhaps you should think again" or is it possible they may even put a resonable "offer" on the table (wasnt this though the point of the pre-meetng - or this before that also)?? I guess I just dont know what they are expecting from the meeting from there side of things ether

Hi Simon,

just read your previous post also.. Are you sure we arent going to court against the same person!!.. I recieved a CSA letter a couple of days after serving my court papers. Same as you I have been paying an agread ammount for a year and a half with no problems and I of course dont mind doing this. Ironically I have done a rough working out what I will have to pay now and to be honest I think its going to be the same!

It depends..Some solicitors will try to intimidate and give you a false impression of the strength of their clients position. They will try and get you to agree with what their client wants. Don't be drawn, keep your cards close to your chest! There are decent solicitors too...you'll have to play it by ear. As I said it might be helpful to have a friend or family member sitting in with you to listen and take notes! Just don't rise to anything they might say that's contentious and keep calm and polite at all times.

.. I agree, and if they tell you something is fact, and you're not happy with it, tell them you'd like to check it independently first.

I just wanted to update my “case” in case it helps others see how it went along and also add a question or two..
My CAFCASS report came back literally a couple of days before my first date in court so don’t panic if it hasn’t arrived yet. It showed what both of us had said on the phone to the officer. Mine was a few lines long – that I actually have no problem with the mother apart from denying access, no problem with new partner (daughter seems to like him) and just want to move forward. Her part was an essay – what I had done when we were together – some fact, some half made up and some complete lies. My heart sank at this point because reading through it I thought this is going drag on. But then I got to the end and to be fair CAFCASS had cut through this and has basically advised I get overnight contact back ASAP. What I take from this is perhaps a bit of advice and can’t stress it enough. My belief is CAFCASS and the court are more interested on what you want to do correctly going forward – not details of every petty argument you once had that has nothing to do with your kids going forward.
Anyway I arrived at court half an hour early – suited up as advised – and found my ex and her parents had asked to be put in another room (she also chose to represent herself). I was then approached by a CAFCASS officer who had already visited my ex in the room with negotiations before entering the court. The only disappointment was the CAFCASS officer who had made the report was unavailable and this one seemed to want to start from scratch – sort of ignoring their own report if you like. My ex had said suggested I see my daughter just every other Saturday from 10 until 2 and not in midweek and that we would build up to overnights in maybe 4 months. I said this was no not enough and not why I came to court and agreed to an hour in midweek and 10 until 4 on a Saturday and a build up to overnights in 2 months. This was agreed.
We then went into court and the CAFCASS officer explained what we had “agreed”. The judge didn’t really have a lot to say and I think this was given as an “interim order”? and also ordered we both go on a SPIP – Separate Parents Information Programme and come back in a couple of months.
For reference you have to go on the SPIP or they tell the court. It lasts around 4 hours and will be in midweek so you have to take time off work. To be honest it’s easy to say it’s a waste of time but in truth it will make you think about having stupid arguments with your ex-partner. It’s almost like going back to school but to be fair to the court I think it’s the courts way of saying if you can’t both act like adults to sort this out I will treat you like children!
So I go back to court for “round two” this week. I have no idea who turns up now or what happens next and that is part of my questions. First because she represented herself in “round one” can she now add a solicitor for “round two”? Second do CAFCASS turn up now? And third will the judge actually no review my actual initial request for overnight or because things now appear “OK” just prefer to stay with this? Thanks and hope this may help

Hi there

She can instruct a solicitor to act for her at any time during the proceedings. They would have to write to the court and let them know that they would be acting for her, your solicitor should also be notified, but if you are self repping then they should let you know.

CAFCASS are unlikely to turn up for the second hearing as they have compiled their report and have liaised with you both to try and reach agreement.

Whatever you have asked for in the application should be addressed. Hopefully overnights should be discussed and another interim order made...you may have to push for this and remind the judge of the existing interim order and the fact that you would like overnights to be increased to a full weekend, giving a further schedule of how and when this should be increased. You could also ask for holidays and alternate Christmas and birthdays to be included in the final order, to take account of your child's changing needs as they get older. This would avoid having to return to court when situations change, for example when the child starts school.