Guest viewing is limited

ISW request received

A

AJH11

New member
Member
Ex’s solicitor has proposed we pay for independent social worker for full welfare report.
Son (13) wishes to live with me and has been requested to attend first hearing this month. She doesn’t want him to attend.
This feels like an attempt to delay his voice being heard at the first hearing as I’m requesting an interim order.
Response suggestions?
 
AJH11 said:
Ex’s solicitor has proposed we pay for independent social worker for full welfare report.
Son (13) wishes to live with me and has been requested to attend first hearing this month. She doesn’t want him to attend.
This feels like an attempt to delay his voice being heard at the first hearing as I’m requesting an interim order.
Response suggestions?
Click to expand...

There is no rush to respond. Let it settle in your mind and take a week or so to figure it out.

One possible response, just to get the conversation started:

Dear Ex,

The court has invited CHILD to attend our upcoming hearing. As you are probably aware, he/she is happy to attend and contribute as appropriate. An outcome of the hearing will be the court's decision on advisory reports or expert evidence necessary to inform any outstanding determinations.

My understanding is that this process should he no more invasive for our child than is absolutely necessary. As a result, I suggest we await the court's permission.

This approach will ensure that any assessment is not contested, does not have to be repeated, and is directed as the court deems appropriate/necessary.

Yours...

EDIT

PRACTICE DIRECTION 25B – THE DUTIES OF AN EXPERT, THE EXPERT’S REPORT AND ARRANGEMENTS FOR AN EXPERT TO ATTEND COURT – Justice UK

www.justice.gov.uk www.justice.gov.uk

The requirement for the court’s permission

5.1
The general rule in family proceedings is that the court’s permission is required to put expert evidence (in any form) before the court (see section 13(5) of the 2014 Act for children proceedings and FPR 25.4(2) for other family proceedings.). The court is under a duty to restrict expert evidence to that which in the opinion of the court is necessary to assist the court to resolve the proceedings. The overriding objective in FPR1.1 applies when the court is exercising this duty. In children proceedings, the court’s permission is required to instruct an expert and for a child to be medically or psychiatrically examined or otherwise assessed for the purposes of the provision of expert evidence in the proceedings section 13(1) and (3) of the 2014 Act.
 
Last edited:
Resolute said:
There is no rush to respond. Let it settle in your mind and take a week or so to figure it out.

One possible response, just to get the conversation started:

Dear Ex,

The court has invited CHILD to attend our upcoming hearing. As you are probably aware, he/she is happy to attend and contribute as appropriate. An outcome of the hearing will be the court's decision on advisory reports or expert evidence necessary to inform any outstanding determinations.

My understanding is that this process should he no more invasive for our child than is absolutely necessary. As a result, I suggest we await the court's permission.

This approach will ensure that any assessment is not contested, does not have to be repeated, and is directed as the court deems appropriate/necessary.

Yours...

EDIT

PRACTICE DIRECTION 25B – THE DUTIES OF AN EXPERT, THE EXPERT’S REPORT AND ARRANGEMENTS FOR AN EXPERT TO ATTEND COURT – Justice UK

www.justice.gov.uk www.justice.gov.uk

The requirement for the court’s permission

5.1
The general rule in family proceedings is that the court’s permission is required to put expert evidence (in any form) before the court (see section 13(5) of the 2014 Act for children proceedings and FPR 25.4(2) for other family proceedings.). The court is under a duty to restrict expert evidence to that which in the opinion of the court is necessary to assist the court to resolve the proceedings. The overriding objective in FPR1.1 applies when the court is exercising this duty. In children proceedings, the court’s permission is required to instruct an expert and for a child to be medically or psychiatrically examined or otherwise assessed for the purposes of the provision of expert evidence in the proceedings section 13(1) and (3) of the 2014 Act.
Click to expand...
I rejected their proposal, but they’ve still applied (via a C2) for an ISW to be assigned as they suggest CAFCASS is unsuitable.

Address this in position statement?
 
Resolute said:
I would write to the court letting them know that the C2 application is contested.
Click to expand...
In position statement? We haven’t been asked to write one, although I intend to take one on the day.
Or letter/email? I can’t find a formal form to contest addendums
 
I would write in direct response to the C2 application. In similar circumstances I have had the judge:

Take my side and overrule the other side

Ignore me

Get admin to tell me I have to make an
application and pay the fee

There is no guarantee. But, I would write any way. Both to say the application is contested and to highlight a couple of simple points that show info in C2 is false. Keep it short and sweet. This will hopefully avoid an order being made outside of the hearing.

I haven't experienced the exact same situation. What I write is based on similar experiences.

EDIT
You can make an argument in the position statement as well. You would be in any case. Just don't rely on that alone. Get something else in first.
 
It's a bit unusual for them to ask for an ISW instead of Cafcass. It's usually a Dad wanting an ISW to prove PA when Cafcass are biased towards the Mother. I assume this is your ex's strategy to try and say you've alienated your son into saying he wants to live with you?

Have you already had a section 7 report from Cafcass? Do you think she will prevent your son going to the hearing? ie who is he with the night before the hearing? Sorry for so many questions, I'm just trying to get a feel for what's what at the moment. If the court has requested he go then he should go and I can't see ex can prevent that, although she might put your son under pressure.

If they're requesting an ISW then you can just object and say it's an unnecessary expense when Cafcass can do a report (presumably a S7 and presumably one hasn't been done yet). On the other hand an ISW is often better than Cafcass but presumably they've found one they want to use that they think will align with what they want. Otherwise they'd be stabbing themselves in the foot.

You can either object at the hearing, or you can just email the court and say you object to the C2 and ask for it to be dismissed, as it's unnecessary expense when Cafcass can write a report. But - I find it confusing as usually an ISW is better than Cafcass!
 
Resolute said:
I would write in direct response to the C2 application. In similar circumstances I have had the judge:

Take my side and overrule the other side

Ignore me

Get admin to tell me I have to make an
application and pay the fee

There is no guarantee. But, I would write any way. Both to say the application is contested and to highlight a couple of simple points that show info in C2 is false. Keep it short and sweet. This will hopefully avoid an order being made outside of the hearing.

I haven't experienced the exact same situation. What I write is based on similar experiences.

EDIT
You can make an argument in the position statement as well. You would be in any case. Just don't rely on that alone. Get something else in first.
Click to expand...
Got it. Email Monday to contest, and include in position statement.
 
Ash said:
It's a bit unusual for them to ask for an ISW instead of Cafcass. It's usually a Dad wanting an ISW to prove PA when Cafcass are biased towards the Mother. I assume this is your ex's strategy to try and say you've alienated your son into saying he wants to live with you?

Have you already had a section 7 report from Cafcass? Do you think she will prevent your son going to the hearing? ie who is he with the night before the hearing? Sorry for so many questions, I'm just trying to get a feel for what's what at the moment. If the court has requested he go then he should go and I can't see ex can prevent that, although she might put your son under pressure.

If they're requesting an ISW then you can just object and say it's an unnecessary expense when Cafcass can do a report (presumably a S7 and presumably one hasn't been done yet). On the other hand an ISW is often better than Cafcass but presumably they've found one they want to use that they think will align with what they want. Otherwise they'd be stabbing themselves in the foot.

You can either object at the hearing, or you can just email the court and say you object to the C2 and ask for it to be dismissed, as it's unnecessary expense when Cafcass can write a report. But - I find it confusing as usually an ISW is better than Cafcass!
Click to expand...
Yes, ex claims ‘complex’ alienation. She requested section 7 (which CAFCASS agreed to), but hasn’t been done yet.
Only had safeguarding call- CAFCASS didn’t seem too concerned with her allegations judging by their initial safeguarding report, so presumably that’s why she’s wants an ISW.

I’ve already objected to ISW, so they've proposed two candidates and offered to pay themselves in full. Ironically ex doesn’t want kiddo to see a therapist!

We’re unfortunately locked in disagreement about who he stays with night before the hearing. He is adamant he stays with me (he also wants his granny/ my mum to chaperone him for the hearing) I doubt she’d prevent him from going to court, but then again..
 
Of course he wants to stay with you. He doesn't want the pressure from ex. They don't usually do therapists for children - they can do psychologist's reports on both parents (but not the child) but ISW is cheaper (although not a psychologist). I hope he manages to stay with you the night before the hearing. Surely the court must realise he is in the middle here.
 
Ash said:
Of course he wants to stay with you. He doesn't want the pressure from ex. They don't usually do therapists for children - they can do psychologist's reports on both parents (but not the child) but ISW is cheaper (although not a psychologist). I hope he manages to stay with you the night before the hearing. Surely the court must realise he is in the middle here.
Click to expand...
Ex and her partner are both solicitors- they’re relentless with the lad and he wants out. Despite all they’ve thrown at me, I’ve continued to offer child-inclusive mediation to sit round the table and discuss. But she’s not having it, still wants to reduce my time.
 
You must log in or register to reply here.
Back
Top