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Hi Bill
I'm assuming that's where the kids are indifferent or saying they don't want to see NRP?
If the kids are saying they want to see NRP and not being allowed by the resident parent then it is still worthwhile to go to court?
Thanks
sorry I wasn't clear enough. in such a scenario e.g where you have a court order. the children are teens. you (or other parent) want more contact with them, and apply to court. the kids tell cafcass/court that they do not want extra contact with you, or they don't want any contact with you. then there's nothing much the court can do, other than encourage the other parent to promote contact.
but it could work the other way. kids fed up with restrictive contact with other parent. they declare that they want to move in and live with other parent for good. going back to court in such a situation would be ideal, as then the other parent can not accuse you of breaching current court order, and you can get court to vary order to change the kids residence or perhaps a 50/50 arrangement.
Thanks Bill, that makes more sense... I'm not anywhere there yet with my situation but in time I reckon I will be.. My oldest 2 are already very clear they want to see me more, the youngest just goes along..
Fingers crossed in 6 months time (or whenever Covid allows me to complete course) that I can get an informal agreement first followed by CAO after a period of time...
Hi everyone, im just wondering what happens after you have you telephone interview and do cafcass speak to the other party before myself? will they do a home visit and what are the things i need to consider for the safeguarding report?
hi peter,
are you referring to a section 7 report? are you about you attend your first hearing and cafcass are due to call you?
Hi bill,
yes a section 7 report and yes cafcass are due to call me, i havent had a date for my first hearing yet its going through something called a gatekeeping hearing first which i do not have to attend
ok. before covid crisis, sometimes cafcass would visit your home, or other times they would ask you to visit their office for the interview. your phone call could last up to an hour roughly.
main thing is to ask what contact arrangements you would like with children. try be very specific, like you want to spend overnights with kids, fri-sun or fri-mon every other weekend. you could ask for every weekend, but they are unlikely to give that.
depending on your work and flexibility, you could ask to see kids mid-week, overnight perhaps. how old are your kids? also ask to have the school holidays shared equally between parents. and whatever else you can think of, like religious occassions or taking kids on holiday abroad.
i would recommend you print and complete this parenting plan from their site. mention it to them in the interview:
https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-plan/
you should stay child-focused throughout and avoid bashing the mum. they will most likely ask you to respond to some of your ex's allegations. try not to get riled up no matter how petty or serious it sounds.
Thanks bill, if there are any allegations made by the ex would cafcass like to do a visit, im just very nervous and want to know what to expect and make sure it goes as smoothly as it can on my behalf.
how long does it take for the s7 report to be made and would i see this? also will cafcass speak to the other party before they speak to me? will they tell me if she has made any alligations, and are cafcass known for taking the other parties side in the situation?
i don't think they will be visiting you since they mentioned a phone interview. they were due to visit my house back in march/april but it became a phone call because of covid.
they take about 8-12 weeks to complete the report. yes they will speak to your ex as part of the process. they usually speak to mother before speaking to you. they will likely ask you to respond to some of her allegations. they will send the report to you once its finished. they do tend to have a soft spot for mothers. depending on your child's age, they will probably arrange a video call to speak to him/her.
will i get my first hearing after the s7 report has finished?
I am not sure about that. I never had a gate keeping hearing before. what would happen is at first hearing, they decide to do section 7 report, and that would be out in time for 2nd hearing. you can ask cafcass person when they get in touch with you for interview.
I had a section seven report carried out after the first hearing. if your ex does make allegations, they may well raise these with you. Depends what she is telling them. They do suggest tome visits to make sure your living arrangements are suitable for the kids. The main thing to focus on are the children, just explain you want regular contact with them, stay clam if any false allegations are raised. As tempting as it may seem sometimes, do not slag off your ex or anything like that. They will carry out police checks and so on just to be on the safe side.
When i had my face to face interview with them last year, she was vile to me. My dad came with me and said he could hear how she was talking to me. But he seemed to think she was trying to push my buttons and see how I would react. When it got to the final hearing, she was much more positive about me, so I think my dad may have been right.
I had a call with cafcass recently and she was really nice and helpful, she was also very understanding about my issues and has said she will tell the court that contact should resume again immediately.
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