DRA hearing - advice/experience needed please

[bujanin]

After a not bad S7 report the DRA hearing concerning my son is mid September.

The issue won't be resolved, the mothers barrister will of course be encouraging her to spend more money.

What should I/could I be aiming to achieve at this hearing? Or is it just to go along for the ride be calm and get a final hearing date?

I'm not a LIP but no solicitor so the responsibility for the bundle is the other sides right?

 

[NewcastleBrownAle]

The DRA will be to see if you can come to an agreement before the hearing, if not, the judge will want to know why not ....then make directions based upon the underlying reason for disagreement .

 

[Windmill51]

Just had mine, depends what was recommended in the S7 report in terms of progression of contact and also whether or not you can come to an agreement with the other parent.

If you cant agree, it will likely get listed for another hearing, in my case the next hearing was listed as a final hearing. (I never had a judge, I had magistrates)

Contact has started (supervised at a centre) but I feel like I am a disadvantage as I am confident I will get good reports from the centre and that contact will progress positively between now and the final hearing but I have not been given the opportunity to demonstrate the next steps in contact which are unsupervised community based contact and overnights after that. I will be asking at the hearing for it to not be a final hearing and for one more hearing so I can work to an overnight before the final hearing and demonstrate I am capable of looking after my child which I believe will hold me in a better position when I do come to the final order. So this is something to be aware of.

 

[Resolute]

I'm not a LIP but no solicitor so the responsibility for the bundle is the other sides right?

Probably, but you are still involved. You should ask for table of contents for the bundle and respond with any additions you want included. They probably won't include the additions. But this gives you justification to file documents you want included with the court directly.

 

[bujanin]

The DRA will be to see if you can come to an agreement before the hearing, if not, the judge will want to know why not ....then make directions based upon the underlying reason for disagreement .

Come to an agreement before the final hearing or the DRA hearing that we're there for?

If the latter it's for me to be clear on holidays, birthdays and how I'd like them then and for my barrister to have this info. And if I'm happy with the care order recommended by CC that's relatively simple I just say so.

 

[bujanin]

Probably, but you are still involved. You should ask for table of contents for the bundle and respond with any additions you want included. They probably won't include the additions. But this gives you justification to file documents you want included with the court directly.

I have no contact with the mother now b/c my solicitor is long gone so I don't know how to convey that info given there's an nmo in place. She has no solicitor.

 

[Resolute]

I have no contact with the mother now b/c my solicitor is long gone so I don't know how to convey that info given there's an nmo in place. She has no solicitor.

If neither of you have a solicitor. The bundle should be prepared by the applicant.

 

[Ash]

Come to an agreement before the final hearing or the DRA hearing that we're there for?

If the latter it's for me to be clear on holidays, birthdays and how I'd like them then and for my barrister to have this info. And if I'm happy with the care order recommended by CC that's relatively simple I just say so.

If an agreement can be reached at a DRA for a consent order then it goes no further. If agreement is unlikely you just try to get the best interim time possible until final hearing.

 

[Ash]

I have no contact with the mother now b/c my solicitor is long gone so I don't know how to convey that info given there's an nmo in place. She has no solicitor.

If she has a barrister (as you mentioned above) you could email her barrister and/or send your bundle to the barrister.

 

[DIDDY]

Mine lasted about 15 mins, no agreement so straight to Final Hearing (which is next week). Good Luck.

 

[bujanin]

I have been told today that the barrister who has represented me so far cannot attend the DRA next Friday. The anxiety and cortisol levels are back up again.

Is it at all realistic for me to attend as a litigant in person at this late stage and secure a barrister for the final hearing which I am sure there will be one.

I would go to the DRA with clear and reasonable demands following the S7 guidelines so unless they're agreed to I imagine that the DRA will be short and sharp.

I am concerned that just as I have a strong position it could be diminished by me not being represented.

Any thoughts/opinions please? @DadLad?

 

[Resolute]

I have done 5 hearings unrepresented. Sorry to say, I do not recommend it. The odds are stacked against you, even if you present well. Barristers are cunning, they will take advantage of you in ways you cannot see.

Next Friday gives you plenty of time to get a DAB booked and ready.

 

[DadLad]

I have been told today that the barrister who has represented me so far cannot attend the DRA next Friday. The anxiety and cortisol levels are back up again.

Is it at all realistic for me to attend as a litigant in person at this late stage and secure a barrister for the final hearing which I am sure there will be one.

I would go to the DRA with clear and reasonable demands following the S7 guidelines so unless they're agreed to I imagine that the DRA will be short and sharp.

I am concerned that just as I have a strong position it could be diminished by me not being represented.

Any thoughts/opinions please? @DadLad?

A barrister at the final hearing is beneficial.

Sometimes a DRA can be used as a final hearing, do you have Cafcass involved?

I think confidence and having the skillset can help you as a LIP.

I successfully won against a decent barrister with 12 allegations stacked against me and Cafcass trying to no contact me.

Every case is different, every judge is different.

 

[bujanin]

A barrister at the final hearing is beneficial.

Sometimes a DRA can be used as a final hearing, do you have Cafcass involved?

I will go to the final hearing with a barrister for sure.

CafCass have been supportive in their recommendations and I will simply ask for their recommendations. The mother will contest it I'm sure. If so and it plays out like DIDDY's DRA - case over quickly and final hearing scheduled, I can't really see what a barrister will bring to the DRA.

I will also turn up with my terms including holidays etc and won't deviate so if the mother wants to settle at DRA and use it as a final hearing I'll settle on those terms, no negotiation.

 

[DadLad]

I will go to the final hearing with a barrister for sure.

CafCass have been supportive in their recommendations and I will simply ask for their recommendations. The mother will contest it I'm sure. If so and it plays out like DIDDY's DRA - case over quickly and final hearing scheduled, I can't really see what a barrister will bring to the DRA.

I will also turn up with my terms including holidays etc and won't deviate so if the mother wants to settle at DRA and use it as a final hearing I'll settle on those terms, no negotiation.

The DRA will be mainly to see if you can both come to an agreement with the recommendations.

Try and get a proposal together, if your proposal is supporting the Cafcass recommendations then put that forward.

There could be a final order made at the DRA.

Do you know which way your case is heading? Are there any allegations?

 

[bujanin]

The DRA will be mainly to see if you can both come to an agreement with the recommendations.

Try and get a proposal together, if your proposal is supporting the Cafcass recommendations then put that forward.

There could be a final order made at the DRA.

Do you know which way your case is heading? Are there any allegations?

A couple of hearings back the judge said that we should both agree to leave the allegations alone from that point on. Of course in the Section 7 she rehashed it all but little attention has been given to it.

The mother has a lot to lose if the CafCass recommendations form the basis of the final order so my guess is that her barrister will be bending her ear to take it to a final hearing.

Presumably if I was a LIP I would be in discussions with her barrister, alone in a room, on the details of a potential order?

Would a proposal be within the position statement or would it just be a seperate document?

 

[DadLad]

A couple of hearings back the judge said that we should both agree to leave the allegations alone from that point on. Of course in the Section 7 she rehashed it all but little attention has been given to it.

The mother has a lot to lose if the CafCass recommendations form the basis of the final order so my guess is that her barrister will be bending her ear to take it to a final hearing.

Presumably if I was a LIP I would be in discussions with her barrister, alone in a room, on the details of a potential order?

Would a proposal be within the position statement or would it just be a seperate document?

if you and her barrister start negotiations, and a final order is put forward. Ask for a clearly defined order and most importantly ask for the wording of the order to be agreed in court.

Otherwise, they will portray a false narrative and very cleverly write the order in their favour.

 

[bujanin]

If I have nothing to add to the bundle presumably I don't need to get involved?

The court will have the section 7 sent directly to them.

 

[Peanut 21]

Presumably if I was a LIP I would be in discussions with her barrister, alone in a room, on the details of a potential order?

Yes. My partner was in this boat many times.
They act as a go between.

 

[bujanin]

Yes. My partner was in this boat many times.
They act as a go between.

But they clearly represent one side so they are totally biased.