Thanks Ash, I've been told by my solicitor that she's self repping but I know that doesn't mean she can't turn up with someone on the day but I'd be surprised. Again I'd be surprised if she pushed for s7 as she knows she'd fail a drugs test. At this point I'd be happy to forget s7 as I think she knows I'll be watching now and hopefully she behaves better. I'd take 50/50 with my son and daughter to spend time with but I don't think she'll go for that
Guest viewing is limited
- You have a limited number of page views remaining
- 2 guest views remaining
- Register now to remove this limitation
Court in 2 days
- Thread starter SJP
- Start date
Just saw the hearing is in two days! You need to get a position statement emailed asap. Tonight ideally - it will be at court in the morning.
I would suggest maybe proposing that a 50/50 shared care order is made for both children to live with both parents. You need to propose something at this stage or Cafcass will decide.
I would suggest maybe proposing that a 50/50 shared care order is made for both children to live with both parents. You need to propose something at this stage or Cafcass will decide.
So I decided to self rep in the end and so glad I did as a barrister today would have been paid for nothing. With a great deal of help from Ash, I sent in a position statement proposing more time for my son with me and also more time for ex with our daughter. We proposed 1 weekend Friday to Monday from and to school and next weekend for Friday over night til 5 pm Saturday. Mother wouldn't agree to this saying it would mean me having most of son's quality time so the Judge ordered every other weekend Friday til Monday but agreed to daughter going to her mother every Sunday from 9-6. I asked for a midweek overnight with my son so he didn't have to wait so long to see me but it was denied saying children need a routine, I nearly said his routine used to be every day with me but I bit my tongue. Cafcass were present and they said a fact find didn't seem neccesary despite allegations from both sides as each child had been seeing each parent so there were no welfare issues. They suggested an s7 mainly so they could speak with both kids to see how they felt as mother had said she thinks daughter is being coached by me to say what I want, not true, so he ordered an s7 but did say that between us and cafcass we could agree more contact for both kids and hopefully we could arrange something before next hearing scheduled in February. He also said that my full weekends should start next week as kids are off school this week so my son who will be excited about seeing me tomorrow now has to wait another week to see me when he's just getting used to seeing me every week again. More disruption to his routine but unfortunately that's how it is.
Last edited by a moderator:
It's great your son will be able to spend a full 3 night week-end with you and have that to look forward to each time. Shame it couldn't be a midweek night as well but it's better than most interim arrangements. I think you need to be careful over the business of parents agreeing more time for the kids via Cafcass - if that leads to arguments, Cafcass could start claiming it's "conflict between parents again". I would take that situation carefully and not ask for any more time at this stage. I am sure your ex will be pestering the Cafcass officer constantly saying your daughter wants more time. And you might need to give way on the odd thing - to keep Cafcass onside for the section 7.
The section 7 will lead to Cafcass making recommendations as to who the kids live with. Hopefully they will recommend a 50/50 order - rather than saying the kids live with you or ex (to avoid further conflict). You'd be in a much better position to go for residency in future if needed, if you have 50/50.
Completely understand the concerns if your daughter has been affected by experiences with ex. But without concrete proof or your ex being arrested, the courts aren't going to stop the kids seeing their Mother I think.
Having contact with Cafcass might be helpful if your ex is too drunk to pick your daughter up eg. I suspect you might find she behaves perfectly throughout this process though.
My understanding is they will recommend that as part of a section 7. If you don't agree with what they recommend or feel the report is flawed, you can challenge that at final hearing and put Cafcass on the stand to be cross examined. If Cafcass don't want to be specific about that they may just say something vague about who the kids should live with and let it be thrashed out at a final hearing.
There's more info on here
www.cafcass.gov.uk
Section 7 report - Cafcass - Children and Family Court Advisory and Support Service
What goes into a section 7 report? The Cafcass worker will decide what information they need for the report based on what the court has asked to look at.
www.cafcass.gov.uk
Thanks, I'll study thatThere's more info on here
Section 7 report - Cafcass - Children and Family Court Advisory and Support Service
What goes into a section 7 report? The Cafcass worker will decide what information they need for the report based on what the court has asked to look at.
Thank you, little steps
Thank you
If your daughter tells Cafcass this kind of detail it will be clear she hasn't been coached. Make sure you don't advise your daughter to say anything in particular though, just let it all go naturally. They will pick up if she's repeating anything you've suggested she say. The way the interviews work is, they talk to them generally but also have sheets of paper for them to fill in and gauge things from what they fill in as well.
This is one of the "tools" they use with older children (see attached). If you go down to "My needs wishes and feelings pack" on this page and expand the section, you'll see some of the tools they might use.
Cafcass resources for professionals
On this page you will find a range of different tools, templates and resources for professionals working in the family law sector, including the 'My Needs, wishes and feelings' pack for children.
www.cafcass.gov.uk
The most important thing in any outcome for this is - if you have 50/50 - then for half the time, the kids will have a stable parent and something to fall back on in their lives, however unstable their life with ex is. And if things get bad - you are in a better position to do something about it with a shared care order.