FHDRA draft interim

[AJH11]

Hi guys, I’ve just received the draft interim order from our FHDRA yesterday.

Judge said emphatic NO to fact finding, but yes to independent social worker completing a S7 due to CAFCASS delays (ex is paying for it to try and prove alienation).
However, they were very clever by caveating their request with- “If ISW considers that a separate fact find hearing needs to take place ahead of preparing a final s7 they will prepare an interim report to restore proceedings for further directions”. The judge only agreed to take on board recommendations of a FoF, not interim report to re-direct before s7 completion. Can I dispute this?

The judge also agreed to a statement being given to the independent social worker prior to starting. But they wish to include all evidence of allegations.
Isn’t evidence meant to assessed by a judge, and not a social worker?

This seems like just a roundabout way for them to get their fact finding that was refused..

 

[Ash]

I think the main thing is, that both parents agree on who the ISW is. If not then the court should decide. If an ISW is good and neutral they're not going to be influenced by ex's shenanigans.

 

[AJH11]

I think the main thing is, that both parents agree on who the ISW is. If not then the court should decide. If an ISW is good and neutral they're not going to be influenced by ex's shenanigans.

I may have left that too late- I contested the appointment of an ISW (preferring CAFCASS), but the judge chose the fastest option being one of their two ISW proposals at the hearing.

 

[Ash]

Ok. So did ex's solicitor write up the interim order? Does it mention that caveat type thing? If there's anything in the interim order that the Judge didn't say or agree to you can write to the court and challenge it and ask for it to be amended.

 

[AJH11]

Ok. So did ex's solicitor write up the interim order? Does it mention that caveat type thing? If there's anything in the interim order that the Judge didn't say or agree to you can write to the court and challenge it and ask for it to be amended.

Yes, ex’s barrister drafted the interim order. It was sent this evening with a deadline of Monday morning which isn’t great. But I’ll challenge it with them and write to court too