Legal advisory review hearing

[Jimmyroo]

Hi all

I was wondering if anyone had any insight on a 'legal advisory review hearing' that I don't need to attend? I called the court to find out the date and they said the above hearing is booked in but I don't have to attend and they will decide if any further hearings are needed. Does that mean they could make the CAO there and then based on Cafcass reports and position statements? My ex wants to relocate with a new partner and she's having another kid but would mean it's an hour away so I won't get to have my son as much

 

[Ash]

I've not heard of that - maybe it's another name for a gatekeeping hearing. They're doing that a lot at the moment. A gatekeeping hearing is just Cafcass and a Judge and no parents or lawyers present - usually when there are welfare issues (like allegations against you). If no allegations then maybe they term it a "legal advisory review hearing". I don't think they will make a CAO at that hearing. It will probably be to decide what the next hearing will be.

What has happened so far? Have you been having regular time and for how long? Did you apply for a prohibited steps order if your ex is moving, or is that she has applied for specific issues to have the move allowed. If you can tell us what the situation so far is it might give an inkling?

But it sounds to me like Cafcass want some legal input before making any further recommendations. You mentioned Cafcass report so assume you've already had that. What did it say?

 

[Jimmyroo]

Its been 50:50 since we split so the last 2 years but wants to move closer to her family and have her baby with her new partner and is in the last stages of buying a house. She has raised concerns and controlling behaviour which on paper doesn't paint me in a good light. I did send her some pretty horrible messages and phone calls following the split and she called the police and I received a warning. As well as some concerns about routine for my son and hygine when he's in my care.

She sent me a letter outlining what she wanted which was the same arrangement I have with my son from another relationship (every other weekend and half all holidays and shed do the driving because I have a four journey to get my other son) and I said no. She then got her solicitor to apply for CAO, she did say she was going to that in the letter. My solicitor wrote saying she was going to put in an application for prohibited steps but then said it wasn't necessary providing she doesn't cut contact in the meantime and she made a separate CAO for me

I currently rent a two bed flat and one room is for my other son and I co sleep with the younger one. She would be moving to a house where he'd have his own room, garden etc so I'm thinking this will massively work in her favour. I'm due to have the cafcass call in a couple of weeks but thought I'd call the court to see if they had a date booked in and its for beginning of June for that legal review hearing.

 

[Ash]

I don't agree that prohibited steps wasn't necessary. I think it is necessary. It immediately stops her moving until she gets permission from the court. Thing is - she is allowed to move - it's her human right. What the prohibited steps order can do is prevent her moving the child away, so child lives with you and yes your ex can drive every other week-end and pick her up. and then some ex's think twice about moving!

Is it too late for that now? Have contracts been exchanged? What did your solicitor ask for on your CAO application? So court have received C100's from both of you. the home doesn't matter - a one bed flat is fine. It's the relationships that matter.

But yes if she moves you'd probably only get every other week-end. What you'd need to do is say - it should still be 50/50 shared care and that should be via additional time in holidays with you in lieu of midweek time.

I am guessing your solicitor's application was vague on the time and not specific?

I don't like the sound of the delays. That will seal the move if the review hearing isn't until June - that's a decision in itself - let Mum move and get that finalised and then by the time of first hearing it will be easier - just every other week-end with Dad.

Can you paste your C100 application to me in a private message? I am still thinking you should maybe consider an urgent prohibited steps application. But need to see what the C100 says first.

 

[Jimmyroo]

I did think it was some time away, I think her baby is due in June too. I'm not sure about the house to be honest, I don't ask and we don't talk.

My solicitor has asked for sole custody if she moves because I don't feel its in my sons best interest, there's nothing about time frame. But a decision needs to be made before he starts school in September. I know her c100 is down as urgent because my solicitor sent me a copy.

Yeah I can, I'll get it sent over in a bit