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[Solved] are they serious?

 
(@mavic)
Reputable Member Registered

so ive now had an email from ex paralegal saying that the court date for the non mole trial has been vacated and would i consent to them applying for the pre trial date to be vacated due to them having problems with public funding!!!

so let me get this straight....they advised their client not to allow me any contact with my son despite no safeguarding issues and now they want me to help them while they sort their public funding.......LOL

The section 7 ordered at my FHDRA is waiting for the outcome of this hearing and i have a date set for my DRA so now looks like it going to drag on....what a clown show 🙁

il ask the non mole judge to hear my contact proceedings as well for judicial continuity

just shows even legal aid are not confident in her application 🙂

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Topic starter Posted : 29/10/2017 5:39 pm
(@justdad)
Estimable Member Registered

They are serious and will take as many miles per inch as they can.

I wouldn't read into the legal aid delays too much, it is a very slow process.

The overriding factor here is the impact of proceedings upon the child - go with that angle and insist that matters progress rather than delays being allowed to creep in.

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Posted : 29/10/2017 6:14 pm
 Yoda
(@yoda)
Famed Member

They can't vacate a hearing without you agreeing to it or getting permission from the judge - even then you should still be given an opportunity to object and to give your reasons for doing so. You raise objection with the court as well as the solicitors.

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Posted : 30/10/2017 12:34 am
(@mavic)
Reputable Member Registered

I have emailed the solicitors stating that their application has no merit and I am not represented myself so therefore do not consent

I have also emailed and sent a recorded delivered letter to the district judge addressing my position and directing them to the fact that there a section 7 report awaiting the decision and also that a change of hearing date would affect my witnesses availability

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Topic starter Posted : 30/10/2017 6:25 am
 Mojo
(@Mojo)
Illustrious Member Registered

Personally I would have used their wish to vacate to negotiate for interim contact in the meantime, stating that it's not in the children's best interests to prolong the proceedings, in light of the fact that all contact has been suspended, but if they would agree to contact resuming in a contact centre you would consider their request.

If the court gets back to you and has agreed to vacate, you can respond by asking if the court will give new directions for interim contact at a contact centre, as prolonging the proceedings further with no interim contact is not in the children's best interests... Worth a try.

Did you ask for judicial continuity?

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Posted : 31/10/2017 1:54 am
(@superprouddad)
Reputable Member Registered

That's a really good idea that Mojo has suggested, and it's never too late to give that a try. Even though you already said you didn't consent, just go back to them and tell them that the single most important thing to you is for your child to have a good relationship with both parents, and that you would like to start seeing him in a contact centre as soon as possible to minimize the damage the delay can cause to your child. If you can then get positive contact reports out of the contact centre, your court hearings will go a lot smoother.

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Posted : 31/10/2017 2:57 am
(@mavic)
Reputable Member Registered

i asked the solicitor if mother was prepared to allow any contact and they responded a while ago saying they would not make any arrangements and leave it up to the court to make care arrangements and i asked at my FHDRA for supervised contact as mother said in her cafcass report she would allow this and then at the hearing she backpedaled and said she would rather wait for the section 7 report before any contact happens

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Topic starter Posted : 02/11/2017 3:43 am
 Mojo
(@Mojo)
Illustrious Member Registered

Yes but the point is that if they wanted to move the goal posts, it's wholly appropriate for you to ask that they also change their stance on interim contact, especially as they want to vacate and ask you to wait longer so that they can sort out their funding! I would ask them again and point out her previous agreement in her CAFCASS report. Explain that contact can take place fully supervised at a Contact Centre for the mothers peace of mind and more importantly in the best interests of your child.

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Posted : 03/11/2017 2:11 pm
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