DRA

[Pop222]

If a section 7 goes in your favour, how realistic is it to ask at the second hearing DRA for a permanent order to be made?
Will this fully depend on whether ex agrees or not to recommendations?

 

[Nanaforsonsjustice]

If a section 7 goes in your favour, how realistic is it to ask at the second hearing DRA for a permanent order to be made?
Will this fully depend on whether ex agrees or not to recommendations?

At the DRA you can try to negotiate with the ex for the recommendations to be agreed as set out by Cafcass, however if the ex disagrees with the recommendations the court unfortunately, as we just found out, cannot make an order without going to a contested final hearing. They can order interim arrangements with there agreement though.

Are you and the ex legally represented or representing yourselves?

 

[Pop222]

At the DRA you can try to negotiate with the ex for the recommendations to be agreed as set out by Cafcass, however if the ex disagrees with the recommendations the court unfortunately, as we just found out, cannot make an order without going to a contested final hearing. They can order interim arrangements with there agreement though.

Are you and the ex legally represented or representing yourselves?

She is, I'm LIP.
If there are no safeguarding concerns, and the child (12) wishes to live with me and break away from the current 50/50, would the court give an interim order against ex's agreement?

 

[Nanaforsonsjustice]

She is, I'm LIP.
If there are no safeguarding concerns, and the child (12) wishes to live with me and break away from the current 50/50, would the court give an interim order against ex's agreement?

Unfortunately, the court wont give an interim order like that unless she disagrees. They may allow more time spent with you than you currently have if they go with the child’s wishes and Cafcass recommendations. But unless she agrees then they will list for a contested final hearing. My son just experienced similar at a DRA, but his barrister has said even at the final hearing the magistrates normally just go with cafcass recommendations.