Upcoming FHDRA, very little info

[Dadosaurus]

Hi gents,

I have an FHDRA hearing coming up and will be representing myself.

The court have booked all hearing dates up to the final hearing, and CAFCASS have been instructed to do an S7 report.

The ex has claimed domestic abuse through false allegations, and suggesting i have a drink problem, and to boot, her solicitor sent me a list of hearing dates which detailed the court application date, CAFCASS safeguarding calls and initial safeguarding order, they included all of the future ones but (conveniently) missed the FHDRA from the list.

Previously, i tried getting a legal letter drafted which got no response so i have prepared a position statement.

Besides printed copies of all paperwork, is there anything else i should take?

 

[MagicJ]

Hi @Dadosaurus , welcome to the forum and sorry to hear what you are going through.

Just out of interest, is this your first hearing? I ask as Id say its very unusual for a S7 to be ordered straight out of Gatekeeping Hearing and without a Cafcass Safeguarding call being conducted!

Without giving the exact date, approximately how far into the future is the FHDRA? May? June?

 

[Dadosaurus]

Hi MagicJ, sorry I should have said.

There has been an initial cafcass call, the safeguarding hearing was held and this is my first in person attendance.

The court went fully with CAFCASS recommendations of indirect contact only despite saying her allegations could not be corroborated.

The FHDRA is actually this week, and I believe these accusations have only been made in retaliation to me taking her to court

 

[nothernsoul]

Morning mate?

Is there any way at all you could scramble together some funds for a direct access barrister?

In these early stages they will give you a chance of being ordered some interim contact which you can then start to build on as your case progresses.

 

[Dadosaurus]

Zero chance at this stage, my credit is absolutely ruined as a result of the relationship

 

[Ash]

How can they order a section 7 if you haven't had FHDRA yet? Yes you'll need a good position statement for the hearing.

 

[Dadosaurus]

They ordered an S7 report in the gatekeeping hearing, despite the CAFCASS report stating an FFH is not advised. I have a good position statement

 

[Ash]

Are you sure it was ordered and not just recommended? Anyway if it has been ordered, that's not such a bad thing as it means it'll happen quicker than if it was ordered at FHDRA and it's good news that there is no fact find. I'm happy to look over your position statement if you like.

 

[MagicJ]

@Dadosaurus thanks for clarifying, assume you've had the FHDRA - how did it go?

If not, be aware that you can still amend the PS up until the hearing, as long as you have 3 additional copies to handout during the hearing.
One goes to the judge/la/mags, one to the EX/Exs Solicitor and one to Cafcass if they are present

Aside from this taking some water, breathe, relax & sip if you feel flustered.

Ensure you dress smartly for the hearing & turn up with plenty of time so you can find your way around

Good Luck!

 

[Resolute]

The allegation on alcohol may be your most significant barrier to progress. It took 10 months for me to have that one put aside.

It was handled as guilty until proven innocent. The court will be cautious about your ability to parent until they have confidence alcohol is not a problem. Assuming you are confident testing would come back in your favour. I would offer to do a hair strand test.

It is worth getting your head around the Welfare Checklist:

Children Act 1989

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and...

www.legislation.gov.uk

It is the rule book for how the court should handle Child Arrangement applications. Children's welfare is the "paramount" concern. It is assumed that a relationship with both parents is best for the children. Unless the court is shown otherwise.

On a general point, try to rise above your ex's approach to this. Retaliation and outrage are not going to help your case. This is not an even playing field. She will get away with behaving in ways that will not be accepted from you. Look at the big picture, do not get pulled into side arguments. You have to be thick skinned. A part of the process can be judges, solicitors, your ex, barristers, cafcass... trying to get you to lose your temper. If you lose it you lose.

 

[Dadosaurus]

Thank you for that.

Would they entertain witness statements about my (lack of) alcohol consumption as well as a test?

I very rarely drink at all, I’ve been drunk once in about a year.

I have been alerted to the possibility that people involved will be trying to get me to lose my temper, and your comments cement that so thank you.

 

[Resolute]

Thank you for that.

Would they entertain witness statements about my (lack of) alcohol consumption as well as a test?

I very rarely drink at all, I’ve been drunk once in about a year.

I have been alerted to the possibility that people involved will be trying to get me to lose my temper, and your comments cement that so thank you.

The court has discretion on evidence taken into account. In my view, witness statements would not carry anything like the weight a test result would. If the test is done early you can move on to what matters.

 

[Ash]

An alcohol test is the only thing that would count really. As there's no fact find, and a Section 7 coming up, maybe it's not that urgent to get an alcohol test. Some people do them to pre-empt the allegation and knock it on the head, to avoid delays if one is ordered. But if it hasn't been ordered then I suspect it's being ignored.