[Solved] Some questions on imminent Directions hearing.

Hi there

Have you had a CAFCASS interview? It's usual for this to be done when a C1a has been submitted. If this hasn't been done then it will be ordered at the directions hearing and as a formality they will ask for reports from police about any previous history.

It's not likely that the judge will look at your diary, but you could transcribe it, or the relevant entries, and have it in your file for reference...it's not strictly evidence though unless it has any official reports from the police or social services to back it up. Generally when you want to file supporting evidence you would need to ask the judge for permission to do this.

As far as the telephone conversation and what your son is saying its best to transcribe this and keep a copy with dates and times.

She could have responded to your allegations on her C1a but if she is a LIP too then the court is likely to allow some leeway. If she makes allegations at the directions hearing its possible they could be considered, and if you started to protest because you hadn't had prior notice it may backfire on you, it's better to be calm about it. By all means dispute anything that you feel isn't true but in a reasonable manner.

I can't see the children being moved unless there are serious safeguarding issues and they are at real risk of harm.

An FOF hearing is an option open to the judge but it doesn't always follow that the judge will order one. It's better not to try and second guess what is going to happen, it all depends upon the judge on the day.

I have received a letter explaining that an Interview will take place so I guess it will happen tomorrow although I did get the impression I would get a date and time to expect this.

My ex has hinted that she is going to offer me half terms, half the summer holidays and alternate xmas'. As I understand it considering my circumstances this is the best I could hope for even in the long term as we are 200 miles apart.

However the concerns I raised in the C1A are genuine and I wold like this to be looked at. Is it possible to accept the proposal, have a court order written up but still request hat my ex's conduct be looked at?

My personal opinion is that if you are offered the terms you think are fair and reasonable do not waste your energy into the C1a. It will only create more animosity and your energy could be better spent. I talk to people who have been to court over 20 times and the impact it has on them with functioning day to day and concentrate on their children, lives and jobs it is huge!

The CAFCASS interview that you have on the phone will ask you about your concerns - you could highlight them there but most importantly just get your contact sorted at the hearing!

Good luck

I haven’t had to do this but I am aware that you can apply to the police yourself for any records/notes that they have on you……I don’t know the form or cost but I think its around £20 and takes about 4-6wks.

Contact the police force you have had dealings with, I’m 99% certain that they have to provide you with any records they hold about you on the freedom of information rules.

Well worth getting hold of!

I managed to speak one on one with one officer I had dealings with regarding her witness of an event my ex had claimed I’d been abusive to her in front of the police officer…the officer didn’t have to provide me copy of her note book but I’d been polite and explained why I needed her to give her account of the incident my ex had lied about……again worth a try if it helps you prove your word over your ex’s in court.

Any time you have written proof and evidence to support you its invaluable to have in court to protect yourself.

Hi dad-i-d,

You refer to a subject access request which can be applied for by downloading the form from your local constabulary website and taking into a Police station.

Can be done for local force or nationaly using Police National Computer.

If you require PNC that goes to the Met but again can be submitted via local force.

Regards,

Dave

I agree with boycieuk on this, if she is going to agree terms then apart from mentioning concerns to CAFCASS I would allow the case to take its course.

If your ex's conduct is such that the children are at serious risk of harm then you should push it with the court but general concerns are nor really looked into to any great extent.

Just got back from the Directions Hearing, 8 hours travelling in a car phew.

Everything went as well as I could have hoped.

There had been no Cafcass telephone interview as they were unable to carry out safeguarding checks. They didn't explain why.

They did ask me in the meeting I had with them today and immediately said that a Child Protection Order will be raised. My ex then had her interview. She didn't carry out her threat of making false allegations though and no concerns were raised with the children being with me.

We then went into conciliation and were told that no orders could be made today because the safeguarding checks hadn't been carried out. We were then encouraged to sort out interim contact. My ex basically agreed to my proposal of 1 visiting weekend a month and staying contact over half term holidays. Both Cafcass Officers protested this as I hadn't seen the children since July. I think my ex was quite bewildered at this point and insisted we stick to the proposal. After Cafcass made 3 more objections and gave my ex 3 more chances to change her mind she told them that the children were missing me too much and she was confident my relationship with them was strong enough for me to have them for the week. All she wanted was an assurance and a written agreement stating I would have to bring them back.

Finally Cafcass explained that a section 7 will be ordered exploring the concerns raised on the C1A form to be completed by Jan 21st.

I also met my children today for the first time since breaking up with my ex. The look on my 2 year old daughters face went from mediocre to a gigantic beaming smile when she realised it was me and reached out for me. Then my 4 year old son who was on the other side of his nana then looked up, thought for a moment and beamed shouting "It's my daddy!" and jumped up. I picked one up in each arm and they squeezed. We went to a sitting area and my daughter went quiet and was looking round for her mum she was still content to sit on my lap though. My son played a game with me where he would hide behind me and move when I looked around, only to move again when I looked the other way etc. He was giggling. I stood up with my daughter and said up!? to see if she remembered what I was going to do. She smiled and said up! and I threw her up in the air and caught her like I did before she left. She came around began giggling and asked me to do it again. I did till I was tired. She was back to the way she used to be with me again but still looked round for her mum.

We then sat round a table again and I realised I had give a Disney princess bag and Spiderman bag packed with presents to their mum when I picked them up. My daughter said " Mummy has my Barbie! When my ex returned I handed them their bags and my daughter said "There's my Barbie!" She must have seen it when I handed the bag over. 2 hours pondering in Tesco paid off. She wiggled with excitement in her seat. She also got a onesie with a hood that had ears on it, a my little pony set, some bubbles and some thermal vests. My son got a set of matchbox planes and helicopters, a digger with lights and sounds, a green monster onesie and some bubbles. I also threw a few chocolates in the bags for them to 'find'

I got my thank you kisses and goodbye hugs knowing I would be seeing them again in 2 weeks. I know I drew that out but the message is clear. Persever, keep your cool and always do right. Do that and you will go in with all the cards.

J.

🙂 Really pleased for you....Regards....Dave

Awesome result. I have to say that some credit is due to your ex - she argued against CAFCASS when she could easily have gone along with their recommendation and made it far more difficult for you. If only all ex's were that sensible.