So long story to very short. My ex stopped me seeing our child, then false allegations etc etc. Finally CAFCASS have written a report recommending the order that I have suggested ( Friday to monday every other week), but the ex is adamant that she wants either no contact or supervised only. So my next hearing in jan -is a dispute resolution hearing - likely to end without agreement. So I'm advised that it will go to a contested final hearing. What happens at a contested final hearing ?
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cafcass report and next hearing and onwards
- Thread starter NewcastleBrownAle
- Start date
This is similar to my sons, Cafcass recommended increased building to 5050 shared care, the ex disagreed and at the directions hearing she still disagreed, because he only had 24hrs once a week the court ordered he could have 4 nights out of 14 until the final hearing.So long story to very short. My ex stopped me seeing our child, then false allegations etc etc. Finally CAFCASS have written a report recommending the order that I have suggested ( Friday to monday every other week), but the ex is adamant that she wants either no contact or supervised only. So my next hearing in jan -is a dispute resolution hearing - likely to end without agreement. So I'm advised that it will go to a contested final hearing. What happens at a contested final hearing ?
At the contested hearing her solicitor will cross examine cafcass, his barrister can also cross examine cafcass. Then there is cross examination of both parents. His barrister said the courts are notorious for blindly following Cafcass s.7 recommendations even after cross examination of Cafcass.
I'm very happy with CAFCASS recommendation, but I have seen some recent horrific cases on here where the judge has ignored the cafcass report (because if favoured the NRP). I'm also happy to be cross examined , I'm rather betting that my ex won't though
I've got my FHDRA coming up soon ex has made all the usual false allegations Cafcass have brushed over her allegations but have recommended indirect contact for intraim and also recommended we reconsider mediation if an agreement cant be reached for it to go to a contested hearing in my ex has refused mediation a few times now so I can't see her agreeing to anything at the hearing worried I won't get what I'm hoping for of it goes to a contested hearing but we will see
if she isn't agreeing to anything and has previously refused mediation what's the point of trying mediation ?I've got my FHDRA coming up soon ex has made all the usual false allegations Cafcass have brushed over her allegations but have recommended indirect contact for intraim and also recommended we reconsider mediation if an agreement cant be reached for it to go to a contested hearing in my ex has refused mediation a few times now so I can't see her agreeing to anything at the hearing worried I won't get what I'm hoping for of it goes to a contested hearing but we will see
Exactly I'm not sure why Cafcass recommended it but they have. See what the FHDRA brings but I can't see any agreements being made or if she agrees to mediation in the hearing it'll be a delaying tactic she's refused every other attempt to do mediation previouslyif she isn't agreeing to anything and has previously refused mediation what's the point of trying mediation ?
so maybe you should also decline mediation on the basis that she has previously refused, will not engage with it fully and that any agreement made has no legal basis and that you feel it is not in the best interests of your children.Exactly I'm not sure why Cafcass recommended it but they have. See what the FHDRA brings but I can't see any agreements being made or if she agrees to mediation in the hearing it'll be a delaying tactic she's refused every other attempt to do mediation previously
I'm inclined to do that to be honest can I get my representation in court to focus on that ? However I don't want to come across as if I'm unwilling to cooperate in finding a resolution but I have already tried multiple timesso maybe you should also decline mediation on the basis that she has previously refused, will not engage with it fully and that any agreement made has no legal basis and that you feel it is not in the best interests of your children.
you've tried multiple times, that shows you are not unwilling, just that you no longer feel that it is achievable, the court should understand thatI'm inclined to do that to be honest can I get my representation in court to focus on that ? However I don't want to come across as if I'm unwilling to cooperate in finding a resolution but I have already tried multiple times
Thank you for that advice its really appreciatedyou've tried multiple times, that shows you are not unwilling, just that you no longer feel that it is achievable, the court should understand that