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Gate Keeping Hearing

The gatekeeping hearing is tomorrow so my solicitor said we can prepare a statement once we know the outcome of that (next week I would assume), although I have already written one and sent to my solicitor last month.

The only thing that can go against me in this is the arguements we had during seperation 3 and a half years ago and things said, would expect some text messages to rear their head but will just stay child focused!
 
I think the Gatekeeping hearing will purely deal with the Cafcass report and decide what happens next, which should be an FHDRA - ie a date for first hearing. No evidence will be allowed until final hearing. When your solicitor says prepare a statement for the next hearing, do they mean a position statement? I would be asking for an interim order at FHDRA to ensure you get the time you currently have until final hearing.

I started a new thread on the new "triage" system after getting some info from a legal person on Twitter! Having noticed that people are getting gatekeeping hearings. It is actually delaying the time before first hearing. I can see why they are doing it. In cases where there are allegations, the gatekeeping hearing decides whether it should go to a fact find first or directly to a first hearing. This is not good in my view. In your case it should be fine as Cafcass have said no welfare issues. But if Cafcass report that the Mother is making allegations then the gatekeeping hearing might decide to order a fact find hearing or a section 7 before it even gets to a first hearing. Even some Judges are frowning upon that. Because the gatkeeping hearings are not being done by Judges but by Legal Advisers - who aren't Judges or Magistrates. Whereas when a case automatically went to a first hearing, a Judge could dismiss allegations by looking at the history.

The problem is the courts are overloaded and underfunded. In your case though the gatekeeping hearing should just decide the next hearing is an FHDRA and you'll get a date. But the delays are very frustrating.
 
Section 1.2 of the Childrens Act states

"(2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child."

So currently the courts are failing those with no contact at all by this new triage system which creates more delay to interim orders.

In your case this should not be an issue. Are you still getting to see your kids by the way? If not I think I would be sending a position statement to the gatekeeping hearing tomorrow stating that it is imperative that an interim order is made as a matter of urgency as any delay would further affect the childrens welfare.
 
I am yes. In the recent Easter holidays I had them alot, and with the bank holiday coming up this weekend in having them Friday night right through to Monday morning.

My ex's biggest issue is me having them term time as it affects school in her eyes (it doesn't I checked with school when she changed it and teacher said no issues).

Also said I don't do homework or reading books or spellings. I've got photographs of all the homework spellings and reading books I've done with her so it's all lies.

She also let me drop my eldest off at school the Monday just gone after having an overnight at mine but won't let me have them overnight in the week cos they sleep badly? If that's the case then why was I allowed to drop her at school after an overnight on Sunday. All contradicts her reasoning.
 
Hi all, this has been done and got FHDR on 25th may, time for all your help now onto position statement and next steps
 
That's good news. So first hearing wasn't too long a wait then. Happy to look over your position statement if you want.
 
Sorry ash, I've already put it in with help from my solicitor. I was child focused and all about them.

The mother's statement is all about me being angry and controlling and there's a letter from the school saying my eldest daughter has improved since January (my ex imposed these changes 1st March, so I can argue that). Any tips?
 
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