Does anyone have experience on what happens if the ex disagrees with the Cafcass recommendations? We strongly suspect that she will disagree and are concerned about what happens next.
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Section 7 interview
- Thread starter Nanaforsonsjustice
- Start date
Does she have a solicitor? If she strongly objects to it, she may try and argue for a Section 7 addendum - you can argue against that. I can’t remember how old the child is - but very young? If very young there wouldn’t be much point in an addendum as the child’s wishes won’t be of significance.
The ex is 100% against shared care she thinks the child should only see dad 24hrs once a week.
She raised DA and alcohol abuse and mental health, he provided a GP letter stating no drug, alcohol, mental health issues or anger issues. Cafcass said the da allegations are not an issue because she is a perpetrator of abuse and now they are not together the risk to the child is low. She said there is conflict, but if the parents have no direct contact this is not a barrier to shared care. So she basically said no issues and shared care is best. The ex will never agree with the recommendations, we are awaiting her position statement.
Her solicitors predictably failed to serve her position statement today, so guessing he will get it tomorrow an hour before the court in the afternoon.
So she disagreed with everything and so 2 day final hearing next year. She wouldn’t agree with Cafcass recommendations as interim, but they were almost agreed in the end although instead of 5 nights a fortnight he has 4.
He’s allowed him for his birthday and Easter. Christmas they disagreed as both wanted him Christmas Eve to Boxing Day. Magistrates said he was not being child focused because wouldn’t let the son wake up with his older half sibling on Christmas morning and ordered that she can have him as that’s child focused.
So it’s a worry that if that’s the magistrates stance 5050 shared care might not be ordered at final hearing despite Cafcass recommendations due to the half sibling needing him to be there.
Has anyone else know of 5050 shared care where there is a half sibling?
He’s allowed him for his birthday and Easter. Christmas they disagreed as both wanted him Christmas Eve to Boxing Day. Magistrates said he was not being child focused because wouldn’t let the son wake up with his older half sibling on Christmas morning and ordered that she can have him as that’s child focused.
So it’s a worry that if that’s the magistrates stance 5050 shared care might not be ordered at final hearing despite Cafcass recommendations due to the half sibling needing him to be there.
Has anyone else know of 5050 shared care where there is a half sibling?
It's good he's got four nights a fortnight for now at least 
Christmas - it might have been better to split it 11am Christmas Eve to 3pm Christmas Day then 3pm Christmas Day to 11am on 27th - alternating between parents each year.
Half siblings - it varies. My ex tried that argument a lot. My solicitor said actually no, it's accepted that it's good for half siblings to have time apart. Shame he didn't at least get his son from 3pm on Christmas Day. It's something you might be able to get as an alternating arrangement at the final hearing. You'll also wanting a progressing order to cover defined school holidays when the child gets to age 4 as well.
Anyway he'll have a stronger argument for Christmas in a final order if she had it this year. Does he get any time before or after Christmas?
Hopefully not too long to wait "next year"! Why a two day final hearing?! Is it because of the big bundle?
Christmas - it might have been better to split it 11am Christmas Eve to 3pm Christmas Day then 3pm Christmas Day to 11am on 27th - alternating between parents each year.Half siblings - it varies. My ex tried that argument a lot. My solicitor said actually no, it's accepted that it's good for half siblings to have time apart. Shame he didn't at least get his son from 3pm on Christmas Day. It's something you might be able to get as an alternating arrangement at the final hearing. You'll also wanting a progressing order to cover defined school holidays when the child gets to age 4 as well.
Anyway he'll have a stronger argument for Christmas in a final order if she had it this year. Does he get any time before or after Christmas?
Hopefully not too long to wait "next year"! Why a two day final hearing?! Is it because of the big bundle?
Definitely good he good four nights out of 14, better than 24hrs a week which she wanted to keep. He tried the alternating each year but despite him not having any special holidays since Halloween last year, the magistrates said Christmas should be with the sibling but said it’s not setting a precedent. He has him Boxing Day so better than nothing.It's good he's got four nights a fortnight for now at least
Half siblings - it varies. My ex tried that argument a lot. My solicitor said actually no, it's accepted that it's good for half siblings to have time apart. Shame he didn't at least get his son from 3pm on Christmas Day. It's something you might be able to get as an alternating arrangement at the final hearing. You'll also wanting a progressing order to cover defined school holidays when the child gets to age 4 as well.
Anyway he'll have a stronger argument for Christmas in a final order if she had it this year. Does he get any time before or after Christmas?
Hopefully not too long to wait "next year"! Why a two day final hearing?! Is it because of the big bundle?
Fingers crossed, the sibling issue won’t mean no 5050.
It’s a 2 day final hearing because they want to cross examine Cafcass stating they didn’t consider the sibling bond, they then said they want to cross examine him, so his barrister said cross examine her too and magistrates said that’s a 2 day final hearing then. We can’t understand what they are cross examining each other for.
At least he has boxing day. Cross examination of both parties is fairly standard - usually by the barrister rather than him personally - unless he's self repping. They mainly cross examine on your final statement and evidence. Assume he hasn't submitted a final statement and evidence yet?
Maybe the extra day is to allow time for Cafcass to be cross examined as well. A "full day" usually only starts at 10am and they allow an hour for negotiations (which can go on longer than an hour), so it's not really a full day. Annoying it's twice the cost though. Assume his ex is getting legal aid.
Maybe the extra day is to allow time for Cafcass to be cross examined as well. A "full day" usually only starts at 10am and they allow an hour for negotiations (which can go on longer than an hour), so it's not really a full day. Annoying it's twice the cost though. Assume his ex is getting legal aid.
I guess you can expect his ex to start causing trouble and disruption now he has this better interim order! Take that in your stride and just record everything and make sure his communications are reasonable and polite (or better still no response if it's a hostile communication and no direct question) - it could be useful evidence for the final hearing. I think ex's tend to go one way or the other during the interim. They either follow the order to the letter and behave like the perfect parent (to argue there's no need to change anything), or they cause obstruction and disruption and accuse things - which won't do them any favours when it comes to final hearing.
She’s already started with the controlling messages demanding he change bedtime at his from 7:30 to 7:00 because she claims he clogs to bed at 7. Then demanding he do dinner time at 4:30 because that’s when she feeds him dinner, despite telling the court today he can’t have him at 4:30 because she is on the school run until 5…. So the next few months should be interesting.