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[Solved] second hearing


Posts: 34
 PS
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(@PS)
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Joined: 12 years ago

My solicitor has just informed me that if my wife refuses access other than contact centre - which she will - the judge cannot make a decision to increase access. This is the second hearing - is this info correct.?
She also said, that although the judge did not ask for section 7 CAFCASS reports at the first hearing, he can know. Let's waste some more time.
So if the judge can't do anything at the second hearing what is the point ?
If anybody has any experience on this I'd really appreciate the advice.

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 Mojo
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I'm not legally trained but I would doubt that. Judges can do as they wish more or less. Asking for a report can be done at anytime but I would have thought that a judge would ask for these types of reports at the first hearing because of the time factors involved.

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 actd
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I am quite sure your solicitor is wrong - I'd get that clarified.

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(@boycieuk)
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Posts: 555

Judges can order things. whether people wish to adhere to them is a different matter.

What is concerning here is that if the hostility and contact was so bad at the first hearing why didnt they order one.

When was contact stopped?

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 PS
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Thanks for the information.
At the first hearing the Judge said no need for anymore CAFCASS reports (well, it wasn't really a report, both my wife and I said things in our separate 10 min chats, then they ignored everything I said and agreed with everything she said). In the report my wife had stated she promotes contact so when the Judge asked if she wanted to give anymore than the CAFCASS recommended 2hrs every 2 weeks in a contact she said no. So that was that, contact centre it is. The court paperwork said we should negiotate, which I tried. The result, we ask, she says no !!
So next month I'm back for another hearing, worried about what will happen next ?

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(@boycieuk)
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Heya - I am not sure why when you previously had unrestricted contact for 8-10 hours / week a judge stopped this and made it in a contact centre and also did not order section sevens. Something seems to have gone desperately wrong here. What allegations did she come up with and have you attempted to defend them? I think you need to demonstrate the bond you and your child have had - bring photos, show pictures you have done from the centre. State the close relationship you had prior and you need to demonstrate how unreasonable she has been!

All the proposals should be shown as a body of evidence she is not prepared to extend your contact with your child.
She is controlling and wishes to allienate the father (alienation is a term some courts do not like)
Perhaps offer a mediation session, so when she turns it down you can show you have offered. Get proof of this.
If she turns up find out - what are her concerns, ideas, and expectations?
You need to progress to unsupervised contact - so feedback from the contact centres would be good, get a letter from someone who is there to write how your contact has been. If this is good it helps.
Working with the tact that there were no concerns prior to the application and you had unsupervised contact, you would like this reinstated. Then you can negotiate contact.
Also if she is not prepared to handover, over several proposals.....eg her mum, your mum handovers for the contact, or use a neutral venue etc....

Good luck

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 PS
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CAFCASS spoke to us at first hearing. My wife said we were arguing at handover. I said we had a setup now where we did not meet at handover so this was addressed and the CAFCASS lady ignored and suggested contact centre. Judge said no need for any more reports, asked wife if she wanted to give anymore access and she said no.
She is very controlling.
I have now heard at second hearing, if she says no again, then the Judge will leave at that or then ask for section 7's. More time wasted, meanwhile she is alienating him against me. She has kids from her previous marriage that she alienated from their father, when I mentioned this to the CAFCASS woman she said we don't know that and your wife says otherwise. I felt like a kid being told I was lying !!

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