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Hiya,
I'm a little confused as to what happens after the 2x 6 hour contact sessions? Does it remain as 6 hours until a final hearing?
Contact centres are open, mainly supported as most supervised are only taking local authority children. I have to use a supported centre for the first 2 months, then handover will be for the following 2 months but I can take him out in the "community", this is where it then changes to the 4 and 6 hour change.
I'm looking into getting representation for my final hearing, its just the cost, its ridiculous! Her barrister in the last hearing didn't let me get a word in edge ways, seemed to just be allowed too.
I'm feeling better this week, I feel like I've let court dominate my life for the last 6 months which has a rub off effect with my wife too as she felt the same. We had a lovely weekend with my other children and it was nice to just put everything to one side for now. Keep telling myself its a small term loss for a long term gain! To me it appears that my ex is doing everything possible to prevent my son from being able to be reintroduced to my family, specifically my wife and other children. My other children that he still has never met! The courts would surely never allow this to happen at a final hearing would they?
Appreciate everyone's time as always!
Antdad
Barristers and solicitors can be brutal. They have been trained in family law which often makes them feel that they can do what they want if you're on your own as they will be thinking 'he doesn't know what rights he has in this court room'. They will try and take advantage, but don't let them. Barristers and solicitors can be very bullish. Ultimately, a lot of them (not all of them) just want to get the job done and get paid and will do whatever they need to do to achieve that. This is something worth chatting to Child Law Advice about too. Ask them what rights you have when it comes to speaking up in court/interrupting the judge, as well to clarify what's been laid out in the order.
Your ex's barrister will have explained everything to her, so it's probably wise to find out what's what, as if she gets a whiff of you being unsure, she may take advantage and start making up the rules. From what you've said, I would assume that once the six hour sessions start, they will continue like that until the final hearing. But it's best to be sure. At which point the court should progress your contact. They won't keep your son from going to your home forever. Unless there is a reason for them to be concerned, which I'm assuming there isn't. As frustrating and tedious as it is, the Cafcass/the court like contact to be reinstated at a snail's pace, to get your son used to be around you for longer periods of time, so that when he does eventually come back to your home, he is 'ready' for it. It's ridiculous really. It doesn't need to be so drawn out. I had to do the same thing as you. It went on for months, and quite honestly it wasn't necessary. Looking back, my daughter could have come straight back home with me and she would have been fine. Just try to keep in mind that it won't be forever and keep yourself busy between now and then.
If you are struggling to afford a solicitor, you could look at getting a McKenzie Friend. They have done all the training, they just don't have the certification a solicitor has, and as such can't enter the court room with you, but can help on the run up to the hearing and advise you on what to do.
hi antdad,
yes usually when your at a hearing and it's not final, you get an interim order. if you have a date for your final hearing, check calendar. it's likely the x2 6 hour sessions are until your final hearing. don't think of this as a permanent arrangement. update a position statement in time for final hearing. As semifinalist mentioned, argue that it's not in child's best interest to hang around outdoors in freezing weather, plus covid risk.
as cafcass are still working on your case, I would message them and tell them about these concerns. ask if they can talk to your ex about it too. I have used cafcass as a mediator while they were working on my cases.
Hi both,
Thanks for your replies!
Gonna try reach Cafcass today as last time they didn't even get notified that had to do a section 7 report! Has anyone had a final hearing during the pandemic? They mentioned video link but wasn't sure, has anyone got any experience in what to expect? Only witness who has been called that I can read is Cafcass!
I have had a telephone hearing last month, cafcass were present on the call too. I have a final contested hearing arranged next month but this is to be in person. although i think it might be changed to video due to the second wave.
The phone hearing went quite smoothly, I think they work better as they actually gave me time to talk with no interruptions. Just make sure you have all paper work to hand as make it easy to follow so you don't stumble on anything.
Interesting that Cafcass weren't notified to do a Section 7. This has happened with my case recently. I ended up inadvertently notifying Cafcass myself when I called them to ask what was happening with it, as it was past the due date. Anyway, needless to say my resolution hearing has been postponed as a result.
My hearings have been by phone call. I would have much preferred a video call personally, as I prefer to be able to see who I am talking to, so I can read their body language and non verbal cues. That said, make the most of not having to go in to court, and as has been said, have everything ready to go, laid out in front of you, and a pen and paper for making notes. From my experience, as I couldn't see who I was talking to. it was hard to know when I was allowed to talk, but in hindsight, I would say be confident and if there is something you need to say, just politely ask if you may add/ask something. Don't forget, at the end of the day, the judges are human too, and they are feeling just as thrown off by this new remote hearing scenario as everyone else. In that sense, there doesn't seem to be any hard and fast rules, as long as you are friendly, polite and respectful.
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