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Child arragement order - first hearing

 
(@Bestdad111)
Trusted Member Registered

Hi guys.

I will soon be having my first hearing for child arrangement order.

Just wondering should I hire a solicitor for the first hearing or not. I understand they are expensive but for first hearing is it really necessary. I got boys aged 2 and 6. 

Just a little background of my situation:

There is an interim non molestation order. Social service was previously involved as my ex accused me of domestic abuse. She doesnt want to see my kids for last 3 months aswell which is frustrating.

Any advise will be helpful. Thanks for your help in advance.

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Topic starter Posted : 18/03/2021 6:12 pm
(@bill337)
Illustrious Member

hi,

so your kids live with you and she applied for the CAO?

ReplyQuote
Posted : 18/03/2021 8:24 pm
(@champagne)
Honorable Member

I think perhaps you left  the word 'me' out of the sentence and haven't seen your kids for 3 months?  If there is an interim non mol in place do you have a return hearing for that?  You should be able to get half an hour free with a solicitor who can set out your options.  Its not that hard to represent yourself and there is advice on the AdviceNow.org.uk website.  The first hearing is likely to order reports so you might not feel its necessary to be represented.

ReplyQuote
Posted : 18/03/2021 9:22 pm
(@warhammer)
Estimable Member Registered

Have you submitted a statement to the courts? the first hearing will more than likely see the courts ask for section 7 to be done by CAFCASS. When is the hearing? 

ReplyQuote
Posted : 21/03/2021 12:45 am
(@Bestdad111)
Trusted Member Registered

@bill337

Hi Bill, no the other way around. The children is with my ex and I applied for CAO.

Not sure if I should hire a solicitor for first hearing.. this case is very important for me so thinking to hire. 

ReplyQuote
Topic starter Posted : 22/03/2021 6:03 pm
(@Bestdad111)
Trusted Member Registered

@jnny

Not submitted the position statement yet. Expecting a call from cafcass tomorrow for safeguarding checks. Then I think the Cafcass will send the safe guarding letter to court for the hearing date. 

I think court will ask for section 7 yes but still wondering should I get a solicitor for the first hearing. 

ReplyQuote
Topic starter Posted : 22/03/2021 6:08 pm
(@champagne)
Honorable Member

Worth getting a quote from a solicitor so you can see what the costs are.  You might be able to do some yourself and have them for the tricky bits.  You can discuss that with them.  Some will let you pay a fixed amount a month to pay the costs

ReplyQuote
Posted : 22/03/2021 6:40 pm
(@warhammer)
Estimable Member Registered

@Bestdad111

do you know what to expect during the CAFCASS call? 
if you can afford a solicitor then perhaps you should have one. However, after the CAFCASS call you will get a copy of their report, which will give you an idea of what they are going to propose to the courts, so you could wait until then to decide. 
will you ex have a solicitor? 
As your ex given you a reason why you can not see the children? 

ReplyQuote
Posted : 22/03/2021 8:38 pm
(@Bestdad111)
Trusted Member Registered

@champagne

Yeah I might get a quote see how much can be done. May be let them prepare a statement and I represent my self. Lets me get a quote. ? thanks

ReplyQuote
Topic starter Posted : 22/03/2021 9:10 pm
(@Bestdad111)
Trusted Member Registered

@jnny

Just a general stuff what to expect from cafcass first call (safeguarding check) might decide after the report yes but will get a quote in the interim

Yes, she is getting legal aid so she is probably going to go all out. ?

My ex haven't given any reason she is just dragging/ignoring my request to see the kids and now have a nmo. I'm sure she will tell caffcass load of rubbish that Im angry person, controllable, etc and donno what else.

Thanks!


 

ReplyQuote
Topic starter Posted : 22/03/2021 9:16 pm
(@champagne)
Honorable Member

That sounds like a good plan.  Preparing a statement is probably the tricky bit to make sure its focused and the tone is right.  There is advice about representing yourself at Advicenow.org.uk.

ReplyQuote
Posted : 22/03/2021 9:16 pm
(@warhammer)
Estimable Member Registered

@Bestdad111im sure you know to keep calm and keep it all about the children, tell them last time you saw them and have requested contact but not given. Call last about 45 mins. Will Ask you do you smoke drink. What’s the relation like with ex.what arrangement do you want? Nothing wrong with saying you may have split with ex but still want a relationship with your children. Be positive about what you can provide for your children, safe environment, meet their needs etc. Good idea to write up few pointers so you remember what you want to say. Following the report from CAFCASS the courts may request section 7 safeguarding. Be prepared to answer questions on the NMO your ex will probably raise it. In my case there was no actual evidence just all hearsay by her, no doctor or hospital report nothing,  Eva use it never happened. One step at a time. Good luck with call.

ReplyQuote
Posted : 22/03/2021 10:14 pm
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