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Good morning all,
I just wondered what to expect from my final hearing, it only states that Cafcass have to attend so I'm assuming that Cafcass will be the only witness?
Is it imperative that I have a barrister, I only ask as the cost is so high and I'm really stretching myself to make it work.
My barrister who has written all my position statements etc is saying it'll be around £1500 for 2 days and £150 for every hours preparation for the hearing.
I have other children that live with me to think about as well and I'm worried about the expense. My wife is saying we'll make it work but I'm not feeling very optimistic. Business is also slowing down due to Covid and I'm worrying that a second wave of redundancies could happen.
The question you have to ask is whether you are happy with the recommendations made by Cafcass; if so, then I would self represent as the court will go with these recommendations from Cafcass 9 times out of 10.
If you believe critical information has not been considered by Cafcass in making there recommendation, then you will have the chance to challenge the Cafcass recommendations but for this you will probably require legal support.
I am happy with what Cafcass have recommended, its my ex that isn't. Ex doesn't want me to be able to take him to my house with my other children or wife and there is no safeguarding issues at all. Her barrister has asked for an addendum report which I believe is an update on section 7.
If I'm still happy with this, would you say its safe to self represent?
Has your ex given a specific reason as to why? Does she think there is a genuine risk to the kids at your place, or is it that she just doenst like your new partner?
If you are in agreement with Cafcass then I would sit tight behind their recommendations and make it easy for the judge. Cafcass are the expert witness and the court is not going to deviate away from their recommendations because your ex is not happy with them.
I self represented recently and aligned myself to Cafcass recommendations; my ex turned up with a barrister and solicitor to try and over turn the recommendations. Within the first 5 mins the judge made it clear where her mindset was and that was to go with Cafcass unless some compelling evidence was produced to the contrary.
When you write your witness statement relate it back to the welfare checklist and the S7 report; leave the mud slinging to the ex - kids are unsettled, kids are anxious, kids are not happy when they return from seeing their father.....all of this was used against me and is common practice but none of it comes into it as the court looks at things through the eyes of the children.
An addendum would be an update to the existing report which may have become dated; however, the recommendation will only be changed if something significant has changed since the new report.
I would suggest to self represent and sit quiet at the hearing; make it easy for the judge.
She doesn't have any valid reason and her barrister refused to tell me her reasons why she refused at the last hearing.
She's always had an issue that I moved on, got married and had other children. She stopped me seeing my son when I got engaged and she found out my wife was pregnant, oh and when I got my new house etc. Haven't seen him since and it's been a constant battle.
She's now told me that he cant come to the first contact session to see me face to face cos he's been in contact with someone who's tested positive for Covid... Exactly just under 2 weeks away too...
I was 100% happy with Cafcass report. Wasn't biased, speculative about both our faults etc and the contact was everything I wanted effectively with a gradual build up!
Do not bad mouth or say anything negative about the ex at the final hearing; just align your self with the Cafcass report (remember that they are the experts) and let your ex and barrister attack Cafcass. Cafcass consider everything and are the courts ears and eyes; unless there is a major oversight in the S7 report then the court has no reason not to follow the recommendations.
Your position should be that you are a devoted father who just wants to be a role model to your children.
Your ex will attack you on the basis you have moved on and have a new partner etc....none of this will come into it with the court and your ex will be seen as someone who isn't able to put her personal differences and emotions to one side.
You may have to go into the witness box and your ex's barrister will cross examine you; stay calm and don't get riled.
Thank you for the advice.
What's it like been cross examined and in the witness box? Unsure currently how mine will be held but it won't be until March the last order said. Gives Cafcass time to review how progressive contact has been up until that date.
I have been put in the box twice in the last 18 months and I found that if you are there with your children at the fore front of your mind then you will be fine. Answer all questions in a child focussed manner. Her legal representative will question Cafcass and the S7 report and then they will question you. All of your answers need to be child centric and nothing else; you will then have the opportunity to put your ex in the box and question her. This process will all form part of the evidence that the court will use to determine an order.
I wouldn't worry about any of it; you have a Cafcass recommendation that you are aligned to then there is no reason that I can see as to why you the court will not follow the recommendations.
What I have realised during the process (I've been in court almost 3 years) is that what you or your ex thinks will never come into it; the court will look at things through the view of the children.