Time taken between FHDRA and final hearing & Interim orders

[BigLes]

Hi All, in the context of Child Arrangement Orders, can anyone give me an estimate of the time taken between a FHDRA and the final hearing (or whatever hearing it is in which the final orders are made)?
I’m mildly panicking as I’ve just read that this can be 4-6 months after the FHDRA. I’ve already had to wait 8 months after my child was born (for reasons outside of my control) and then the FHDRA is scheduled over 6 months(!) after the date of filing the court application (due to a covid-induced backlog). Does anyone have recent experience of this and can they shed some light?

On a related topic: has anyone got experience of an Interim Order being issued that allows the child & parent to have increased/more favourable time with one another than is already being had? i.e. if the time currently allowed by the mother to be spent with child is limited to several hours on a weekend, could an interim order state that overnights are allowed?

Or do interim orders typically only allow contact to remain as the status quo?

Many thanks

 

[Ash]

I can only speak from my experience on interim orders, but others may have more to say. In my case the interim order was the same as the current time with my son (but that may be because it was already a decent schedule and was just to ensure she kept to it!). I think it's possible they may give more time for an interim order, if you point out in your position statement that your child is very young and growing fast and you feel it's extremely important to allow that bond and relationship to flourish, while awaiting a date for a further hearing.

In some cases, agreement is reached for a consent order at the first hearing and then it doesn't have to go to a further hearing (but I guess you're thinking that's unlikely). I think it's possible you could get more time under an interim but not entirely sure.

As regards timescale - with Covid everything is a bit different. Before that it used to be about 3 months between first and final hearing, in my region. So yes it may be longer. On the other hand, it seems to vary some people have had very quick hearing dates and some have had longer waits.

 

[Ash]

I'm sure someone else will be along soon In many cases though, interim orders are contact centre only until a section 7 report is done, because an ex has made allegations and is witholding contact. So it's an advantage to be having any time at all before it goes to court! I think you can make a good case for more time in a position statement - then it's down to the Judge (and partly to Cafcass).

Are you due another Cafcass call or not?

 

[BigLes]

From my understanding, even if allegations are made, a judge won’t necessarily order a section 7 report. Particularly if Cafcass have said in their report that there is no significant risk of harm to the child. Correct me if I’m wrong.

From https://rightsofwomen.org.uk/wp-con...-a-guide-to-Cafcass-and-section-7-reports.pdf:
“Cafcass will often recommend in their safeguarding letter whether a section 7 report would be useful or not. If no safety concerns are raised, it is unlikely that the safeguarding letter will recommend a section 7 report.
It is possible to request a section 7 report later in the case. Where there is a fact- finding hearing, the court may choose to delay the report until after it has taken place as the outcome of the hearing is likely to have an impact on the report. If a report was prepared before a fact-finding, the court may ask the Cafcass officer to review their report now the court has made findings of some type.
When considering whether a section 7 report is necessary, the parties and the court should bear in mind the potential delay. A report will take several weeks (usually at least 12 weeks). When deciding to order a report, the court must balance the impact of any possible delay against the benefits of obtaining a report. The court needs to consider whether they need the report to be able to make decisions about the child’s welfare.”

So perhaps unfounded allegations don’t necessarily result in a Section 7 report and further delays? Perhaps I’m an optimist!

No further CAFCASS interviews will take place. “The case is closed”. CAFCASS’ advice is to relay any pertinent information (and any important updates since the date of the interview) at the hearing.

 

[Ash]

Well that's good news if Cafcass are no longer involved and haven't recommended a Section 7 report and have been favourable about more time. Do you have anything from them in writing? It's true that allegations don't necessarily mean a section 7. And if your ex is allowing unsupervised time now, she hasn't really got much of a leg to stand on if she says you're not safe!